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HomeMy WebLinkAbout99-07728`'? 1 41R "l 5 2002 GLENWYN BETH JENNINGS (PASQUALI ), Plaintiff V. ANDREW ANTHONY JENNINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7728 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of July 25, 2001 shall remain in full force and effect with the following modifications: (1) Telephone contact contemplated in Paragraph 9 of the Order shall occur on Sundays, Tuesdays and Thursdays between 7:45 p.m. and 8:15 p.m. prevailing Pennsylvania time. (2) Father shall be prohibited from taping further telephone calls with the minor child. (3) The requirements for photographs provided in Paragraph 10A shall be extended to both parents in that Father will provide Mother with photographs from the preceding month of his period of custody, to include summer and holiday time. Mother shall do the same, providing three photographs of the child by the fifth (5'n) of the month from the calendar month preceding, unless the child was in Father's custody during that calendar month. 2. Dr. David Rogers is appointed by the Court to perform an evaluation of the minor child to assess her mental status for the presence of depression or any other condition for which she may need treatment. This assessment may take place in more than one (1) visit. Dr. Rogers shall be provided with copies of Dr. Wallin's report from both parents as well as the school shall be provided to Dr. Rogers upon his request. The parties shall share equally in the cost of the evaluation, to the extent that it is unreimbursed by health insurance. Dr. Rogers report will be shared with counsel following its completion. Dr. Rogers will also assess the child's functioning as it relates to the impact of the parents' conflict on her and provide any recommendations which he may have in this regard. The parties shall extend their full cooperation to the evaluator and sign whatever release of information forms necessary for Dr. Rogers to complete his evaluation. The parties shall endeavor to have this evaluation completed no later than May 15, 2002. 3. A hearing is scheduled before the Court to address Father's Petition for Contempt in Courtroom Number 2 of the Cumberland County Courthouse, on the day of W , 2002, at , 2.?36 o'clock O.M., at which time testimony will be taker-V For the purposes of the hearing, the Father, Andrew Anthony Jennings, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten 1,10) days prior to the hearing date. BY THE COURT: Dist: Susan Kay Candiello, Esquire, 5021 Trindle Road, Suite 100, Mechanicsburg, PA Paul J. Esposito, Esquire, PO Box 1268, Harrisburg, PA 17108-1268 rim i , Van 1 5 2002 GLENWYN BETH JENNINGS (PASQUALI), Plaintiff V. ANDREW ANTHONY JENNINGS, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samantha Elizabeth Jennings May 18, 1995 Mother 2. The parties were seen for a Custody Conciliation Conference on March 26, 2002 with the following individuals in attendance: the Father, Andrew Anthony Jennings, and his counsel, Susan K. Candiello, Esquire; the Mother, Glenwyn Beth Pasquali, and her counsel, Paul J. Esposito, Esquire. 3. The parties were seen for a Custody Conciliation Conference pursuant to a Petition for Contempt, Enforcement and Special Relief filed by Father on February 14, 2002. The date of the most recent Custody Order is July 25, 2001 which was entered following a custody evaluation performed by Dr. Pauline Wallin. In his Petition, Father alleges that Mother is continuing to impede his telephone contact with the child and failing to share information with regard to the child's education. Father also alleges that Mother is not complying with the requirements of the Order and recommendation of Dr. Wallin with regard to sharing examples of the child's schoolwork, craft items and photographs. Additionally, subsequent to the filing of the Petition, counsel for Father contacted the Conciliator making allegations that the child has made statements to Father indicating that she felt like she was going to kill herself, felt like she was in a "dungeon of woe" and was having thoughts of running away. Samantha is also alleged to have difficulties with continence, and is allegedly withdrawn and depressed when in the custody of Father. Father is seeking an evaluation of the child's condition and enforcement of the presently existing Order. It is Fathers position that Mother should have to bear the cost of his transportation from Arizona for his attendance at Samantha's evaluation because she refused to cooperate with an IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7728 CIVIL TERM CIVIL ACTION - LAW evaluation time arranged by Father's counsel for the date of the custody conciliation conference. Father very much wants to participate in the evaluation and thinks that Dr. Wallin is best positioned to do so. It is Father's position that if an evaluator other than Dr. Wallin is chosen that Mother should have to bear the full cost since Dr. Wallin would presumably be more familiar with the matter and therefore in a better position to do the evaluation. He would prefer to participate in person, rather than to participate by telephone. Father has been taping his telephone contacts with the child. He states that he does this to protect himself from Mother's allegations about him. 4. Mother's position is that the child is not in need of evaluation or counseling. She denies that the child is having any symptoms consistent with depression or the statements that Father has reported. Mother would agree to having an evaluation of Samantha to assess whether or not she in fact is depressed and to understand more about the statements that Father is reporting. She is unwilling to allow Dr. Wallin to be the evaluator apparently because she did not like some of the content of the report done by Dr. Wallin. She would agree to take the child to see Dr. David Rogers. Mother would be willing to arrange to have Samantha evaluated by Dr. Rogers but wants Father to have to share equally in the cost of the evaluation. Mother alleges that the school has agreed to fax the Father weekly with the school newsletter and report cards thus absolving her of any responsibility in providing educational information to Father. Mother additionally reports she has sent photographs to Father within the last two (2) months and that she participated in some parental counseling. Mother provided documentation of her efforts regarding parent counseling at the time of the conciliation conference. Mother additional is concerned that Father continues to tape the telephone calls he has with the child. Mother's counsel acknowledges that it is illegal under Pennsylvania law but may be permissible under Arizona law. However, counsel for Mother is taking the position that taping of the child's telephone conversations with Father is not appropriate. Counsel for Mother noted that they would be willing to agree to some modifications of the Order if Father would withdraw his Contempt Petition. However, he noted that if the unresolved issues would still result in a hearing before the Court for which Mother could be held in contempt, and therefore subject to the punitive measures available to the Court, then Mother would not then be willing to agree to any modification of the present Order. 5. Issues upon which the parties do not agree: (1) How the cost of an evaluation for Samantha will be shared. (2) Whether Father may continue to record his telephone conversations with the child. (3) Whether Mother should have to provide any financial assistance for Father to participate in the assessment of Samantha's mental health status. Father presently resides in Arizona. 6. Issues upon which the parties would agree if Father would agree to withdraw his Contempt Petition. (1) That Father could have telephone calls occurring on Sundays, Tuesdays and Thursdays at 8:00 p.m. prevailing Pennsylvania time. (2) That for the photographs required under the present Order would be photographs from the month before and that Father would provide Mother with photographs in the months of July, August and September for the child's time with him in June, July and August as well as photographs for the time the child is with him during the holidays. (3) That when Samantha is with Father she may have her telephone contact time be changed to 8:00 p.m. prevailing time in Arizona for Mother to be in touch with her. (4) That Dr. David Rogers evaluate the child with regard to the statements that she allegedly made to Father and that unreimbursed costs of this evaluation be borne by the parties at a 50/50 ratio. 7. It is noted that there is a great deal of distrust between these parents. As a result, neither gives much credence to anything that the other parent says about the child. 8. The Conciliator's recommended Order is attached to the Conciliation Report. The statements allegedly made by the child may indicate that the child is suffering from depression and therefore an evaluation of her mental status is warranted. The child continues to be in the middle of this chronic conflict and hostility between her parents. The matter will be referred to Judge Bayley for hearing. _ 2 Date 1 lk"49 2z? -- le issa Peel Greevy, Esquire Custody Conciliator :156896 GLENWYN BETH JENNINGS (PASQUALI), : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. ANDREW ANTHONY JENNINGS, DEFENDANT :NO. 99-7728 CIVIL TERM : CIVIL ACTION - LAW :CUSTODY PRE-HEARING MEMORANDUM CUSTODY HEARING - MAY 23.2002 1. Parties Andrew Anthony Jennings, Defendant (hereinafter known as "Father") Susan Kay Candiello, Esquire, Counsel for Defendant Glenwyn Beth Jennings Pasquali, Plaintiff (hereinafter known as "Mother") Paul J. Esposito, Esquire, Counsel for Plaintiff Samantha Elizabeth Jennings, natural daughter of Father and Mother, subject of hearing, (hereinafter known as "Samantha".) 2. Melissa Greevy issued an additional order, dated April 16, 2002, following the parties' conciliation conference. (A copy of this order is attached hereto at Exhibit "A".) This order has several errors. The first is a substantial error in that the parties never agreed to use David Rogers to complete a new evaluation, nor to equally divide the cost of the evaluation. This was an issue to be brought before this court. The second is the law in Arizona allows Father to tape conversations. Additionally, Father's only reason for taping Samantha and Mrs. Pasquali's conversations is to enable him to prove the statements Mrs. Pasquali makes are untrue. 3. There are three (3) issues in dispute: (A) Violation by Mother of the present custody order; (B) Counseling for Samantha, who has demonstrated through her actions and behaviors significant psychological problems and made statements suggesting she is very depressed and needs to be seen by a counselor. Father is requesting Samantha be seen by Dr. Pauline Wallin; and (C) A custody evaluation was completed by Dr. Pauline Wallin. Dr. Wallin identified the possible need for further evaluation of this family once the proposed custody schedule had been established and tried by the parties. Mother refuses to agree to allow Dr. Wallin to perform any further evaluation or counseling for Samantha. Mother wants to use an entirely new evaluator. Father paid for the first custody evaluation as Father has paid for the great majority of the expenses of both he and Mother in this matter to date. All of Father's savings have been spent. Father made arrangements to have the additional evaluation completed by Dr. Wallin when he came to get Samantha for Easter vacation. At the last minute, Mother said NO. Father will be coming to get Samantha for the summer vacation and would like to arrange for his part of the custody evaluation and input for Samantha's counseling with Dr. Wallin at that time due to the great expense and time away from his job, which he cannot afford. Father simply does not have the monies nor is he able to take the additional time away from his job to begin with a new evaluator as Mother is requesting. Father is first requesting Dr. Wallin provide additional custody evaluation and counseling for Samantha and the parties equally share this expense. In the alternative, Father is requesting if Mother insists upon an entirely new evaluation , which will require additional time and travel for additional evaluation and counseling for Samantha, Mother should bear the full burden of all of the expenses as he did in the first evaluation. Defendant's Basis for Dispute (A) There are thousands of miles between Father and Mother. Alternative methods of communication are critical to Father. This distance between the parties was not created by Father, but by Mother when she told Father her trip to Pennsylvania with the child, Samantha, was temporary and took the child from Arizona and kept the child in Pennsylvania, refusing to allow Father contact with the child. Since bringing Samantha to Pennsylvania, Mother has repeatedly demonstrated deliberate and calculated actions to prevent Father from visitation and communication with his daughter, Samantha. As a result of Mother's past actions, the present custody order had specific times and a schedule for telephone calls between Father and Samantha, specific requirements for other types of communication between Father and Samantha, and specific requirements for information to be shared between Mother and Father. Mother has repeatedly violated the present custody order in these areas. (B) Since returning to her Mother's residence after her Thanksgiving visit with her Father, Samantha has stated to her Father and stepmother her plans to run away from her Mother's home. Samantha has also stated to her Father and stepmother she is thinking about dying and killing herself. Samantha has repeatedly requested to be able to speak with a Judge so she can tell them how she feels. Samantha has frequently sounded very :. z,y:r_i sad on the telephone. When Father had the child for the Easter holiday, Samantha was not as happy as she had been on previous trips with Father. Samantha's appetite has significantly decreased. Samantha's whole being and character have changed in the past several months. 4. Legal Theory (A) "Best Interests and Welfare of the Child" The guideline for the court in making any child custody decision is what is in the best interests and welfare of the child. The parties agreed to utilize the resources of Dr. Pauline Wallin to provide them with a professional opinion as to the best custody arrangement for Samantha. Dr. Wallin kept primary physical custody with Mother, but was concerned enough to suggest the possible need for an additional evaluation after this schedule had been implemented, purely considering what was in the best interests of Samantha. Samantha obviously needs professional help. Father wants only what is in Samantha's best interests. Father is very worried about Samantha's psychological well-being. Mother refuses to even entertain the possibility of Samantha having a problem. We do not believe ignoring Samantha's statements and actions with her Father is in her best interests. It has been well established that it is in the child's best interests and welfare to have both the child's Mother and Father in their lives as much as possible provided the child is safe. There is no question of the child's safety with Father; however, Father has questions about the child's safety with Mother. Mother simply wants to keep Father and daughter apart. We do not believe it is in the child's best interest to allow Mother to unilaterally make health decisions for the child, nor do we believe it is in the child's best interest to allow Mother to interfere with Father's communication with his daughter. (B) It is established in case law, if a parent removes a child from one location to another creating a burden upon the other custodial parent to enjoy visitation of the child, the parent removing the child shall be responsible for transportation expenses. In this case not only has Mother caused Father great travel expenses, Mother has created many additional ancillary expenses to travel, the expense of counsel fees and the substantial fees for the custody evaluation, which Father paid for. There was an existing custody order in Arizona, which Mother chose to run away from. To continue to allow Mother to arbitrarily cause Father to have additional expenses for Father to be able to have as close a relationship with his daughter as he is able is not in the child's best interests, nor is it fair to Father. Mother's goal is to cause Father to run out of money and no longer be able to come to Pennsylvania to challenge and hold Mother accountable for her actions. That is exactly what Mother has been doing and she should no longer be allowed to do this. (C) Custody Orders are court orders, which are to be followed by the parties. When Father filed his Petition for Contempt, Mother started to change her actions. If this were a permanent change it would be wonderful. Sadly, Mother has always demonstrated a great desire for Samantha to be with her Father, when Mother is "caught". To allow Mother to violate the custody order with complete disregard and not to be held accountable for her actions clearly demonstrates to her she does not have to follow the court order and she can "get away" with whatever she wants to do. Once Father no r.:_._:...._. longer has funds to come to Pennsylvania to challenge Mother's actions Mother will have won. 5. Plaintiffs Basis for Dispute (A) Mother's "opinion" is Samantha has not stated any of the things to her that Samantha has stated to her Father and stepmother and Mother does not believe Samantha has any problems, therefore Samantha does not need counseling. Since there are no problems, there is no need for any further evaluation and if there were a need for further evaluation she will not agree to use Dr. Pauline Wallin. Mother does not believe she violated the custody order. 6. Present order The present custody order, dated July 25, 2001, was entered into by agreement between the parties following a conciliation conference with Melissa Greevy, Custody Conciliator, and is attached hereto at Exhibit "B". Witnesses Andrew Anthony Jennings (Father). Father will testify, via telephone, concerning his rationale for wanting counseling for Samantha, wanting Dr. Wallin to provide an additional evaluation and counseling for Samantha, and if Mother is granted her request for a new custody evaluator and counseling, why Mother should bear the full expense for choosing a new professional in this matter. He will also testify regarding his rationale for moving forward with the Petition for Contempt he filed against Mrs. Pasquali. Kathleen Jennings (stepmother) will testify, via telephone, concerning her interactions with Samantha and her concern for Samantha, which contribute to her support of Mr. Jennings's request for counseling and additional evaluation of Samantha, Mr. Jennings and Mrs. Pasquali. 8. Expert Witnesses None at this time. 9. Exhibits (a) Dr. Wallin's Custody Evaluation Report (A copy of which is attached hereto at Exhibit "C"). 10. Scheduling No specific accommodations are requested at this time. 11. Requested Stipulations We believe the parties, in agreeing to use Dr. Pauline Wallin to perform a custody evaluation, have agreed to qualify her as an expert, but if not, then we would request Dr. Pauline Wallin be qualified as an expert. 12. Unusual Legal Issues Father has no knowledge of any special legal issues. 13. Estimate of Time Two to three (2-3) hours. 14. Outstanding Motions Petition for Contempt, Enforcement and Special Relief 15. Offers of Settlement The parties are strong in their individual positions. 16. Miscellaneous None known at this time. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: May 1Q, 2002 ?? A d (n /kr X \ _3usan Kay Ca e , Esquire Counselfor efen ant PA I.D. # 6499 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 EXHIBIT "A" APA 5 2002 GLENWYN BETH JENNINGS IN THE COURT OF COMMON PLEAS OF (PASQUALI), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0.99-7728 CIVIL TERM V. CIVIL ACTION - LAW ANDREW ANTHONY JENNINGS, IN CUSTODY Defendant ORDER OF COURT AND NOW, this /6 S- day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of July 25, 2001 shall remain in full force and effect with the following modifications: (1) Telephone contact contemplated in Paragraph 9 of the Order shall occur on Sundays, Tuesdays and Thursdays between 7:45 p.m. and 8:15 p.m. prevailing Pennsylvania time. (2) Father shall be prohibited from taping further telephone calls with the minor child. (3) The requirements for photographs provided in Paragraph 10A shall be extended to both parents in that Father will provide Mother with photographs from the preceding month of his period of custody, to include summer and holiday time. Mother shall do the same, providing three photographs of the child by the fifth (5`h) of the month from the calendar month preceding, unless the child was in Father's custody during that calendar, month. 2. Dr. David Rogers is appointed by the Court to perform an evaluation of the minor child to assess her mental status for the presence of depression or any other condition for which she may need treatment. This assessment may take place in more than one (1) visit. Dr. Rogers shall be provided with copies of Dr. Wallin's report from both parents as well as the school shall be provided to Dr. Rogers upon his request. The parties shall share equally in the cost of the evaluation, to the extent that it is unreimbursed by health insurance. Dr. Rogers report will be shared with counsel following its completion. Dr. Rogers will also assess the child's functioning as it relates to the impact of the parents' conflict on her and provide any recommendations which he may have in this regard. The I ? ? parties shall extend their full Cooperation to the evaluator and sign whatever release of information forms necessary for Dr. Rogers to complete his evaluation. The parties shall endeavor to have this evaluation completed no later than May 15, 2002. 3. A hearing is scheduled before the Court to address Father's Petition for Contempt in Courtroom Number 2 of the Cumberland County Courthouse, on the day of -n 2002, at -2: *3 o o'clock P M., at which time testimony will be takenFor t?h P purposes of th hearing, the Father, -?-ndrew Anthony Jennings, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten (10) days prior to the hearing date. BY THE COURT: E ar - _y1ey,-J., Dist: Susan Kay Candiello, Esquire, 5021 Trindle Road Suite 100, Mechanicsburg, PA 17050 Paul J. Esposito, Esquire, PO Box 1268, Harrisburg, PA 17108-1268 F, day of Q 1&0 41 Prothonotary AP 5 2002 GLENWYN BETH JENNINGS (PASQUALI), IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ANDREW ANTHONY JENNINGS, Defendant NO. 99-7728 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samantha Elizabeth Jennings May 18, 1995 Mother 2. The parties were seen for a Custody Conciliation Conference on March 26, 2002 with the following individuals in attendance: the Father, Andrew Anthony Jennings, and his counsel, Susan K. Candiello, Esquire; the Mother, Glenwyn Beth Pasquali, and her counsel, Paul J. Esposito, Esquire. 3. The parties were seen for a Custody Conciliation Conference pursuant to a Petition for Contempt, Enforcement and Special Relief filed by Father on February 14, 2002. The date of the most recent Custody Order is July 25, 2001 which was entered following a custody evaluation performed by Dr. Pauline Wallin. In his Petition, Father alleges that Mother is continuing to impede his telephone contact with the child and failing to share information with regard to the child's education. Father also alleges that Mother is not complying with the requirements of the Order and recommendation of Dr. Wallin with regard to sharing examples of the child's schoolwork, craft items and photographs. Additionally, subsequent to the filing of the Petition, counsel for Father contacted the Conciliator making allegations that the child has made statements to Father indicating that she felt like she was going to kill herself, felt like she was in a "dungeon of woe" and was having thoughts of running away. Samantha is also alleged to have difficulties with continence, and is allegedly withdrawn and depressed when in the custody of Father. Father is seeking an evaluation of the child's condition and enforcement of the presently existing Order. It is Father's position that Mother should have to bear the cost of his transportation from Arizona for his attendance at Samantha's evaluation because she refused to cooperate with an 77 evaluation time arranged by Father's counsel for the date of the custody conciliation conference. Father very much wants to participate in the evaluation and thinks that Dr. Wallin is best positioned to do so. It is Father's position that if an evaluator other than Dr. Wallin is chosen that Mother should have to bear the full cost since Dr. Wallin would presumably be more familiar with the matter and therefore in a better position to do the evaluation. He would prefer to participate in person, rather than to participate by telephone. Father has been taping his telephone contacts with the child. He states that he does this to protect himself from Mother's allegations about him. 4. Mother's position is that the child is not in need of evaluation or counseling. She denies that the child is having any symptoms consistent with depression or the statements that Father has reported. Mother would agree to having an evaluation of Samantha to assess whether or not she in fact is depressed and to understand more about the statements that Father is reporting. She is unwilling to allow Dr. Wallin to be the evaluator apparently because she did not like some of the content of the report done by Dr. Wallin. She would agree to take the child to see Dr. David Rogers. Mother would be willing to arrange to have Samantha evaluated by Dr. Rogers but wants Father to have to share equally in the cost of the evaluation. Mother alleges that the school has agreed to fax the Father weekly with the school newsletter and report cards thus absolving her of any responsibility in providing educational information to Father. Mother additionally reports she has sent photographs to Father within the last two (2) months and that she participated in some parental counseling. Mother provided documentation of her efforts regarding parent counseling at the time of the conciliation conference. Mother additional is concerned that Father continues to tape the telephone calls he has with the child. Mother's counsel acknowledges that it is illegal under Pennsylvania law but may be permissible under Arizona law. However, counsel for Mother is taking the position that taping of the child's telephone conversations with Father is not appropriate. Counsel for Mother noted that they would be willing to agree to some modifications of the Order if Father would withdraw his Contempt Petition. However, he noted that if the unresolved issues would still result in a hearing before the Court for which Mother could be held in contempt, and therefore subject to the punitive measures available to the Court, then Mother would not then be willing to agree to any modification of the present Order. 5. Issues upon which the parties do not agree: (1) How the cost of an evaluation for Samantha will be shared. (2) Whether Father may continue to record his telephone conversations with the child. (3) Whether Mother should have to provide any financial assistance for Father to participate in the assessment of Samantha's mental health status. Father presently resides in Arizona. ?r?ni7 I 6. Issues upon which the parties would agree if Father would agree to withdraw his Contempt Petition. (1) That Father could have telephone calls occurring on Sundays, Tuesdays and Thursdays at 8:00 p.m. prevailing Pennsylvania time. (2) That for the photographs required under the present Order would be photographs from the month before and that Father would provide Mother with photographs in the months of July, August and September for the child's time with him in June, July and August as well as photographs for the time the child is with him during the holidays. (3) That when Samantha is with Father she may have her telephone contact time be changed to 8:00 p.m. prevailing time in Arizona for Mother to be in touch with her. (4) That Dr. David Rogers evaluate the child with regard to the statements that she allegedly made to Father and that unreimbursed costs of this evaluation be borne by the parties at a 50/50 ratio. 7. It is noted that there is a great deal of distrust between these parents. As a result, neither gives much credence to anything that the other parent says about the child. 8. The Conciliator's recommended Order is attached to the Conciliation Report. The statements allegedly made by the child may indicate that the child is suffering from depression and therefore an evaluation of her mental status is warranted. The child continues to be in the middle of this chronic conflict and hostility between her parents. The matter will be referred to Judge Bayley for hearing. _ te Date -t-tVlehssa Peel Greevy, Esquire Custody Conciliator :156896 EXHIBIT "I GLENWYN BETH JENNINGS (PASQUALI), PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW ANTHONY JENNINGS, DEFENDANT 99-7728 CIVIL TERM AND NOW, this __2n?pr day of July, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Glenwyn Beth Pasquali and Andrew Anthony Jennings, shall have shared legal custody of their daughter, Samantha Elizabeth Jennings, born May 18, 1995. All decisions affecting the child's growth and development including but not limited to: choice of camp, if any; choice of daycare provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the minor child, directly or as beneficiary, other than custody litigation; education both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by father and mother, jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. The parents shall keep each other Informed of the progress of the child's education and social adjustments. 99-7728 CIVIL TERM The parents shall not impair the other's rights to share legal custody or physical custody of the child. The parents shall give support to the other in the role as parent and take into account the consensus of the other for the physical and emotional well- being of the child. While in the presence of the child, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the expressed duty of each parent to uphold the other parent as one whom the child should respect and love. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage the child to participate in the plan hereby ordered. Each parent has a duty to notify the other of any event or activity which could reasonably be expected to be of significant concern to the other parent. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by emergency without consulting with the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent then having physical custody. The parent shall be entitled to complete and full information from any doctor, dentist, leacher or authority, and copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school -2- 99.7728 CIVIL TERM conference and activities. The father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be the mother's primary responsibility to provide father with copies of report cards and all notifications of major school events. Neither parent shall schedule activities or appointments for the child which will require their attendance or participation at said activity or appointment during the time when the child is scheduled to be in the physical custody of the other parent without that parent's expressed prior approval. (3) The mother shall have primary physical custody of Samantha. (4) During each summer, the father shall have temporary physical custody of Samantha beginning the Sunday after the first full week following the last day of school, and ending two weeks before the first day of the start of the new school year. (5) At Christmas in even numbered years, father shall have Samantha beginning the first day after school is out through January 2nd. In odd numbered years father shall have Samantha for the Thanksgiving holidays beginning the Wednesday evening before Thanksgiving through the second Friday following Thanksgiving Day. In even numbered years mother shall have Samantha for the Thanksgiving holidays. In even numbered years, father shall have Samantha for the Easter holidays, beginning the day before her vacation from school for Easter through the Friday following Easter Sunday. The mother shall have Samantha for the Easter holidays in odd numbered years. (6) Father shall have the ability to contact Samantha, using whatever form of communication he chooses, for a maximum of one hour on her birthday. Father shall give mother one week's notice of the time he is requesting to communicate with -3. 99-7728 CIVIL TERM Samantha and mother shall cooperate in making her available for father's birthday communication. (7) Father shall have the ability to contact Samantha using whatever form of communication he chooses, for a maximum of one hour on Father's Day, in the event that he does not have custody of her at that time. Father shall give mother one week's notice of the time he is requesting to communicate with Samantha and mother shall cooperate in making her available for Father's Day communication. (8) Father shall determine at what location he shall enjoy his periods of temporary custody with Samantha. In the event that the parties will be exercising a period of custody away from their home for a period of forty-eight hours or more, the parties shall notify the other of the location where they shall be and a telephone number where they can be reached. The parties shall give each other thirty days notice of their intent to exercise any period of custody outside of the continental United States with the child. (9) Father shall have the option to request a maximum of three telephone calls each week when Samantha is in the custody of mother. When requesting to reschedule or change times for the telephone call, mother shall consider the time difference between Pennsylvania and Arizona and father's work schedule. Father shall have the ability to call Samantha Fridays at 7:00 p.m. In addition, father shall have the ability to call Samantha Saturdays at 10:00 a.m. and Sunday evenings at 7:00 p.m. When father and Samantha are speaking on the telephone, neither mother nor her husband or any other individual shall be present in the same room as Samantha; shall listen on any telephone extension; nor shall they in any manner intrude upon the privacy of Samantha -4- 99-7728 CIVIL TERM and her father. Should either party be unavailable for a scheduled telephone call, the unavailable party shall contact the other party as soon as possible, preferably before and if not immediately after the time for scheduled telephone call, at their own expense. During the telephone calls with father, Samantha may also speak with Mrs. Jennings and/or Mrs. Ferguson. Ms. Dorrell Francis-Jennings may also have telephone privileges with her granddaughter, Samantha. Mother and all other individuals will provide the same privacy to the child and her grandmother during their telephone calls as identified above. (10) Mother shall provide father with the following information and items during her periods of custody with Samantha: A. On or before the 5th of each month, mother shall, at her own expense, provide father with examples of Samantha's school work, craft Items, a minimum of three photographs of her, her report card and other projects representative of her activities for the previous month, a Father's Day card for Fathers Day and a birthday card for his birthday. (11) Mother shall not interfere, delay and/or prevent fathers telephone calls with Samantha, gifts and/or correspondence with her, messages to her or any other form of communication or sharing with her. (12) Mother shall attend a minimum of four counseling sessions to address parenting skills and disciplinary strategies. (13) Father shall provide mother with the foliowing information and items during his periods of temporary custody with Samantha: -5- 99-7728 CIVIL TERM A. A maximum of three telephone calls each week Samantha is in his custody. Father shall provide the same guidelines for telephone calls as mother, identified above; B. Three photographs of Samantha for each period of custody or visitation he has her. (14) When Samantha meets the airline requirements for traveling with an airline provided escort during air travel, and she is comfortable flying without one of her parents, the parties may agree to stop traveling with her. (15) Until the mother graduates from college, she shall pay two-thirds of the transportation costs for Samantha for the father's periods of temporary physical custody in Arizona. The father shall pay one-third of the transportation costs for Samantha and the full cost for the person accompanying Samantha on her flights to and from Arizona. Once the mother graduates from college, she shall pay one-half of the total airfare for Samantha and the person accompanying Samantha on the flights to and from Arizona, and the father shall pay one-half of such costs. Once Samantha can fly unaccompanied to and from Arizona, each parent shall pay one-half of that airfare. (16) The parents shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. (17) During any period of custody or visitation the parties to this order shall not possess or use controlled substances, neither shall they consume alcoholic beverages -6. 99-7728 CIVIL TERM , to the point of intoxication. The parties likewise ensure, to the extent possible, that the other household members and/or guests comply with this prohibition. By the Edgar B:ed6k. .Arthur K. Dils, Esquire For Glenwyn Beth Jennings (Pasquali) Susan Kay Candiello, Esquire For Andrew Anthony Jennings :saa TRUE COPY FROM RECORD In Testimony whereof, I hrre unto set my hand and t sren?al??of said urt at Carr isle, Pa. Thl ....?C„l... d f ..LL?...., -7- Pro I& / EXHIBIT "C" Pauline Wallin,-Ph.D. 201 Smith 32nd Savo Licenser! Ps_vchol(wi.cr Camp WU. PA 17011 (717) 761.1913 Aseociatcs PAX 017) 761-1932 li?l All.: pwallinhp;undincsnm CUSTODY EVALUATION REPORT March 28, 2000 Child's Name: Samantha Jennings Birth Date- 5118/95 Parents: Andrew Jennings Glenwyn Befh Pasquali Dates of Assessment: January - March 2001 Assessment Procedure • Interviews with Andrew Jennings, Samantha's father • Interviews with Beth Pasquali, Samantha's mother • Interviews with Kathleen Jennings, Samantha's stepmother • Interviews with Christian Pasquali, Samantha's stepfather • Interviews and behavioral observations of Samantha, alone and with each parent or stgpparent • Psychological testing Adults: Minnesota Multiphasic Personality Inventory (MMPI) Samantha: Children's Apperception Test (CAT), Drawings • Interview with Kay Ferguson, Mr. Jennings' mother-in-law • Interview with Tom and Caryl Yohe, Mrs. Pasquali's mother and stepfather • Review of records Interim Court Order, 12/11/2000 • Custody Conciliation Summary report, 12/5/2000 • Correspondence between attorneys • Petitions and orders filed in Arizona regarding this (natter • Correspondence and c-mails between Mr. Jennings and Mrs. Pasquali • Letter from Dorell Francis-Jennings, Mr. Jennings' mother, regarding his relationship with Samantha Referral: A custody evaluation was ordered by the Court in order to provide information on which to make a decision regarding custody of Samantha. Mr. Jennings has alleged that Samantha's mother unlawfully look her out of Arizona, where they all had been living. Mrs. Pasquali had not allowed Samantha to visit him, until ordered by the Court to do so last December. Mr. Jennings has Filed for primary physical custody of Samantha. CONSULTATION • EVALUATION • PSYCI 10TI IIiRAPY Pasquali n../enulags... Page ? Background Data: Mr. Jennings and Mrs. Pasquali were divorced in 1997. At that time they were both living in Arizona, having recently completed their assignments in the U.S. Air Force. In February 1999 Mrs. Pasquali (then Jennings) brought Samantha to Pennsylvania, where her family lives, Mr. Jennings claims that lie thought they were just going for a visit, but Mrs. Pasquali maintains that he knew she was moving here. The parents had joint legal and physical custody, but there was no schedule for access by the parents. Mrs. Pasquali refused to allow Samantha to visit her father, allegedly because he threatened to take her and not bring her back. In August 2000 Mr. Jennings petitioned to the Arizona Court to enforce the joint physical custody order, so that he could see his daughter on a regular basis. Mrs. Pasquali then petitioned to move jurisdiction to Pennsylvania, and for her to retain primary physical custody. By that time, Samantha had been in Pennsylvania for a year and a half, and the Arizona Court deferred jurisdiction to Pennsylvania The parents do not communicate well with one another. Most of their recent communication has been between their attorneys. It is also noted that the parents are of different races: Mr. Jennings is black and Mrs. Pasquali is caucasian. Neither parent has claimed that race is a major issue in their disagreements with one another. ANDREW JENNINGS Interview Data Mr. Jennings, age 29, arrived promptly for his appointments. He resides in Tucson. Arizona, but flew up on three occasions to meet with me and to visit with Samantha. He was neatly groomed and casually dressed. He was friendly, with good social skills, and spoke in a well-modulated voice. He came to our first meeting with a briefcase full of documents pertaining to his case. He said that he has been trying to visit with his daughter ever since her mother took her to Pennsylvania in February, 1999. When she left, she had allegedly told him that she was going to visit her dying grandmother. (She denies having said this.) When she didn't return, he tried to maintain a relationship with his daughter through phone calls and gifts. However, Mrs. Pasquali undermined his relationship with her by not allowing him to talk to Samantha, by not giving her Pasquali v. Jennings... Page 3 the gifts and cards that he sent, and by refusing to allow her to visit him. She also allegedly made derogatory comments to Samantha about him, which Samantha later repeated to him. Mr. Jennings is especially concerned that Samantha's emotional and physical welfare is in jeopardy. She told him that she wanders around the apartment at night when her mother and stepfather are asleep. She said that she gets yelled at and spanked a lot by her mother and stepfather, and that her stepfather "spanks hard." When she visited him last December. he observed her hitting her dolls and hitting a little boy that his mother-in-law takes care of. In addition to the spanking, lie is concerned about Mrs. Pasquali's morals. After they had separated she lived with two different men before marrying her current husband, and he believes she may have had other relationships as well. Mr. Jennings believes that Mrs. Pasquali is not acting in Samantha's best interests. Fie believes that Mrs. Pasquali is deliberately interfering with his ability to develop a relationship with his daughter. In addition to the allegations stated above, he has documentation that she told Samantha that she is better off without him. Mr. Jennings focussed much of his conversation on Mrs. Pasquali, and on his frustrations with her. Prior to the Court setting up a regular time when he would call and speak to Samantha on Saturdays, he would call and leave messages at various times. Mrs. Pasquali refused to have Samantha call him back, ostensibly because she couldn't afford long-distance phone calls. Mr. Jennings invited her to call him collect, but she did not do so, even on Father's Day. Fie said that he and Mrs. Pasquali had agreed, in November, 1999 that Samantha would visit him the following May. (Either he or his mother would fly out with her.) However, Mrs. Pasquali later changed her mind, telling him she didn't want her daughter visiting him at all. Mr. Jennings is also frustrated by Mrs. Pasquali's general attitude toward him. He describes her as rude and disrespectful, resorting to profanity and name calling in Samantha's presence. Daring one of his recent visits, when he was to bring Samantha on a Saturday morning (2/2/01) to an appointment with me, he arrived without her. Fie told me that Mr. and Mrs. Pasquali had refused to allow Samantha to go with him. Apparently Mrs. Pasquali did not believe that Samantha had an appointment with me, because she did not recall my having informed her. She then called my office to confirm the appointment, but I had not yet arrived, so her call was taken by the answering service. During the exchange between the Jennings and the Pasqualis. Mr. Jennings reported that both Mr. and Mrs. Pasquali were yelling at him, his wife and his mother-in-law. Mr. Pasquali called his mother-in-law a "hag" in front of Samantha. Mrs. Jennings reportedly took Samantha to her car, but Mrs. Pasquali shoved her away and removed her daughter from the car, and called the police. When the police cattle, they told MrAennings that unless he had a court order, he had to leave without his daughter. Pasquali r..lennh;g.e... Page d Later, at my office, I tried to call Mrs. Pasquali, but there was no answer. I called her attorney, but she eventually brought Samantha to my office on her own. The Pasqualis have a slighth different version of what happened that morning, which 1 will describe later in this report. Mr. Jennings believes that Samantha will be better off in his custody, because he will not try to keep her from her mother. She will also be with a parent who resembles her racially, and he wants her to feel connected to her Jamaican heritage. Mr. Jennings lives in a house in a more suburban setting, where Samantha can play outside. Her mother lives in an apartment above a store on a main street. In addition, his mother-in-law, who lives in a trailer on his property, will be available to take care of Samantha when she is not in school and when he and his wife are at work. When Samantha is with him, she is reportedly happy. She has never asked to call her mother. When he suggests that she call her mother, Samantha says she doesn't want to. When it's time to return to her mother, Samantha is reluctant to go. He believes that Samantha "is destined for greatness" and he wants to help foster that destiny. Personal History Mr. Jennings grew up in Queens and The Bronx, New York. His parents were divorced when he was eight years old. lie and his older sister were raised by their mother, whom he describes as a "very strong woman." He described himself as a "very challenging child" and is grateful to his mother for the strong discipline that she used. His father, who had been physically abusive to his mother, has since "changed his ways." Young Andrew did not hang out with gangs. Fie didn't smoke or drink or get into legal trouble, but he took physical challenges and had no sense of danger. He would experiment with things. For example, once he made his own chemistry kit. In school he was a good student and skipped second grade. At age 14 he decided he wanted to enlist in the Air Force and become a pilot. To prepare for this dream, he attended a special high school where lie learned airplane mechanics. After high school he enlisted in the service, but in Basic Training he learned that he was ineligible to become a pilot, because he had a red/green perceptual deficiency. Nevertheless, he decided to make the best of his four years there. He was picked for an elite drill team - the Honor Guard - which performed at weddings, parades and funerals. "We looked good," he told me. He also received awards: the Elite Flonor Guard of the month, and the Elite Honor Guard of the quarter. "This proved I was the best of the best," he said. "It was a lot of discipline, but I learned discipline was an important part of my life." t Posquali r. Jcmingc... Pnge .i He met Beth at a barracks party just before the Gulf War. When most of their friends were sent overseas, they turned to each other for comfort. In retrospect, he realizes that he never "fell in love" with her. The marriage had rocky beginnings. They were both only 20 years old when they married. Prior to their marriage Beth had "pretended" to like everything he did, including music, TV shows, etc. Mier a month of marriage he found out that she didn't share his interests. He also said that she was selfish and needy. She reportedly resented his going out with his friends, and expected him to spend all his free time with her. He had hoped that the birth of Samantha would bring them closer together, but things only got worse. Beth kept threatening divorce. He finally got tired of her threats and filed for divorce himself. Mr. Jennings described his work history. Except for his military service, in which he ran the commissary, most of his work has been in hospitals. Fie currently processes admissions in an emergency room. His work hours are 12:00 noon to 8:00 p.m. Fie is in good health. Fie drinks alcohol infrequently, on social occasions. Psychological Testing Mr. Jennings approached the MMPI in a highly defensive manner, minimizing problems and denying even socially acceptable shortcomings. This is consistent with his interviews, in which he made frequent reference to the importance of impression and appearance. It is important for him to appear competent and in control. The clinical scales were well within the normal range. There was no evidence of depression, anxiety, or problems with normal thought processing. There was no indication of any tendency toward overly aggressive or violent behavior. There was some evidence that lie tends to avoid conflict. When he becomes annoyed or upset with someone close to him, he is not apt to confront the person directly. Instead, he is more likely to express his feelings in roundabout ways, such as through silence or other passive aggressive behavior. Fie may even deny having angry feelings when questioned about his behavior. Behavioral Observations with Samantha Mr. Jennings was at ease with his daughter, He enthusiastically joined her in play on the floor. He was quite animated and verbal, talking to her continually during their time together. Fie Pasquali v. Jennings... Page 6 would comment on what she was doing, and would ask her questions, usually of an educational nature. e.g., "What kind of animal is that?" Father and daughter played with sand during the first play session. During this time, his comments and questions were of a Factual nature. During their second play session, Samantha chose more fantasy role-playing. lie was equally enthusiastic and adept at participating on her level. When Samantha was struggling to put Legos together to make something for their fantasy play, he waited a couple of minutes before asking her if she needed help. For the most part, Mr. Jennings allowed Samantha to direct the play. However, lie did set some limits, such as cautioning her not to overload the shovel with sand, and telling her not to take the clothes off one of the toy bears. When she did remove the mother bear's apron, he took the bear from her and reattached the apron. When Mr. Jennings saw how much Samantha enjoyed playing with sand, he promised to gel her a sandbox to play with when she comes to visit. In summary, Mr. Jennings was quite at ease with Samantha. Fle readily engaged in play, but also took charge when necessary. GLENWYN BETH PASQUALI Mrs. Pasquali, who uses the first name Beth, took several weeks to set up an appointment with me. When I later asked her about this, she replied she hadn't known that she was to call me. Once site became involved in the evaluation process, she arrived promptly for her appointments. She was casually dressed and neatly groomed. She was soft-spoken and maintained good eye contact, but she seemed a bit melancholy in her tone and manner. Just as Mr. Jennings had devoted most of his interview time to criticizing her, she likewise dwelled on how he had made her life miserable. She said that while they were living in Arizona he never paid much attention to Samantha. Shortly after Samantha's birth, he was more interested in going out with his friends and playing Dungeons and Dragons, than being with her. When they separated, lie saw Samantha only one day per week. When Samantha was sick, he wouldn't inconvenience himself to take time off work to care for her. "I've tried very hard to let him be a parent," Mrs. Pasquali said. After she and Samantha moved to Pennsylvania, his phone calls were sporadic. Then, all of a sudden last August, he started taking an interest in Samantha. First he said that he wanted to see more of her. Then Mrs. Pasquali received papers indicating that he was trying to get custody. Pasquali r../ennhlgs... roee 7 Mrs. Pasquali made it clear that she does not like and does not trust Mr. Jennings. When talking about him she referred to him as "Mr. Jennings.,, When 1 asked her why she did this, she replied, "It helps distance me from him." She regards Mr. Jennings as an intrusion on her and her family. While he seems interested in Samantha now, she is concerned that he may just as suddenly lose interest. Mrs. Pasquali is now happily remarried, and Samantha loves her stepfather. She doesn't mind Mr. Jennings calling or visiting his daughter occasionally, but Samantha belongs with her family here in Pennsylvania. Mrs. Pasquali herself was raised by a stepfather, and regards him as her dad. She doesn't feel site missed much when tier own father abandoned the family. Mrs. Pasquali believes that she is better able to take care of Samantha. "9'nt the only stable, consistent person that's been in her life every day," she said. She contends that Mr. Jennings does not know Samantha. He puts his own needs ahead of hers. In Arizona he allowed her to watch violent TV shows. Samantha never expressed any interest in her father until he started calling all the time. And contrary to Mr. Jennings' claims that Samantha enjoys her visits with him, the child told Mrs. Pasquali that she was scared when she was there. She said that they made her hug Mrs. Jennings' mother, and she didn't want to. She added that she wanted to call her mother, but that her father wouldn't let her. Samantha told her mother that she wants to continue to see her father, but that he should come here to visit her. Mrs. Pasquali discussed her departure from Arizona. She had wanted to move back to Pennsylvania in 1996, but at that time didn't want to take Samantha away from her father. However, when he showed minimal interest in the child, Mrs. Pasquali decided to move here because she missed her family. Contrary to Mr. Jennings' contention that he didn't know she wasn't going to return to Arizona, she claims that he did know. He helped her pack the tnick, and did not even want to keep any of Samantha's toys. Mr. Jennings reportedly plays "a lot of conflicting parent games." For example, when he's on the phone with Samantha, he says, "Your mommy doesn't always tell the truth." (She listens in on all their phone calls.) He also reportedly talks to Samantha about the court proceedings, which Mrs. Pasquali believes is entirely inappropriate. The fact that Samantha is affectionate toward her father, his wife and his mother-in-law, was dismissed by Mrs. Pasquali. She said that Samantha is affectionate toward everyone. I asked Mrs. Pasquali why she had refused to allow Samantha to visit her father until the Court ordered it. She replied that in the past Mr. Jennings had threatened to take Samantha and not bring her back. Therefore, she felt compelled to protect her daughter. Moreover, Mrs. Pasquali believes that Samantha is loo young to be traveling across the country. I asked Mrs. Pasquali about the events on the morning of February 3, when she refused to allow Samantha to conic with her father to an appointment at my office. Mrs. Pasquali said that Mrs. Pasquali r. Jennings... Page 8 Jennings had been rude to her and shoved her (which Mrs. Jennings denies.) Mrs. Pasquali did not know Kathleen Jennings nor her mother, and didn't know what they "would do to Samantha." Mrs. Pasquali said that shejust had a feeling that Samantha wouldn't be safe with them. Mrs. Pasquali's dramatic reaction to the Jennings' visit reflects her opposition to encouraging a relationship between Samantha and her father. When Mr. Jennings came in for the weekend of 2/2/01 and picked up Samantha on Friday morning, Mrs. Pasquali insisted that lie bring her back that afternoon rather than keeping her overnight. Later I learned from Samantha that this was because she had a play date. On 2/23/01 when Samantha was scheduled for an appointment with her father at my office at noon, Mrs. Pasquali called around 9:00 a.m. She said that because it had snowed, school was delayed, and Samantha's kindergarten schedule had been extended to later, such that she would miss school if she came to the appointment as scheduled. Mrs. Pasquali requested postponing the visit to later. When I told her that was not possible, she argued that Samantha had already had two unexcused absences, and could not afford any more. I assured Mrs. Pasquali that 1 would provide a note for the school, but she continued to protest. It was apparent that the issue was not merely Samantha's missing an hour of school. Mrs. Pasquali says that she and Samantha are very close. They read and play games together, go to the park and visit friends and family. She acknowledged that Samantha can be bossy or stubborn at times, and that she needs to be disciplined. She said that she tries redirecting Samantha, and, if that doesn't work, she uses time-outs or revokes privileges. She also spanks Samantha on the bottom if her physical safety is at risk. Samantha has trouble getting up and getting going in the morning because she "dilly-dallies." She also sometimes doesn't finish her work at school or her chores at home. Mrs. Pasquali has to keep saying to her, "Samantha, did you brush your teeth?" "Are you doing what you're supposed to be doing?" etc. Recently, she learned that it helps to set the timer in order to get Samantha to hurry up. Mrs. Pasquali claims that she allows Samantha to call her father whenever she wants, but that Samantha does not ask to call him. On a form that I give parents to fill out I noted that Mrs. Pasquali had not answered the questions, "What is your major weakness as a parent?" and "What is the best characteristic of the other parent.?" I later asked her about this. She said she couldn't think of anything to write in response to those questions. She couldn't think of anything lacking in her parenting. She always reads parenting articles in magazines, makes sure that Samantha has a good diet and doesn't watch too much TV. "We're very much joined, connected." she said. "9 don't know that that is a weakness," she added. Currently Mrs. Pasquali and her husband are full-time students. She takes Samantha to the day care program at HACC while she is in class. She also works part-time in a hospital as an aide. Pasquali r. Jennings... Page 9 Personal History Beth Pasquali grew up in New Cumberland, the youngest of three children. l ter parents divorced when she was two or three years old. Fler mother remarried her stepfather when she was eight. Mrs. Pasquali doesn't know her biological father, since he wasn't involved in the family. She said that "he lives around here somewhere," but that she has no contact with him. She describes her mother as very talkative and ftiendly, and her stepfather as warm, emotional and "very lovey." In school she described herself as a "geek." Academically she was a B student. She was quiet and "didn't do the `in' thing." In eighth grade she started taking karate lessons and eventually earned her black belt. She was also involved in horseback riding and the youth group at church. She became interested in the military when her high school boyfriend signed up. She enlisted in the Air Force so that she could eventually use the GI Bill to pay for college. While in the service she worked in the pharmacy. During that time she was quite homesick and talked to her family frequently. When she met Andrew Jennings she found him personable, outgoing and fun. In retrospect she realizes that they married too young and that he wasn't ready to have a family. In 1993 they left the service and moved to Mr. Jennings' mother's place in New York. Because she couldn't find work there, she went to stay with her parents in New Cumberland. She worked part-time in a hospital pharmacy and also a clothing store. She saw Mr. Jennings on weekends. After a year, when he decided he didn't like hisjob, they moved back to Arizona. She then found out that she was pregnant. She was quite sick during the first half of her pregnancy. Mr. Jennings moved out in January, 1996, when Samantha was eight months old. The divorce became final in May, 1997. After the divorce she dated two men in Arizona: the first for a few months and the second for two years. She lived with the latter for about six months. Fie was going to follow her to Pennsylvania after she moved back here, but the relationship fizzled once they were geographically separated. She met Christian Pasquali while working at Merck-Medco. She found him friendly and family- oriented. He is also a "homebody" like herself. Fie "doesn't need to be always going somewhere." She currently lives a quiet life. She does not drink or smoke. Fier health is good except for endometriosis. She received a medical discharge from the Air force for this condition. Pasquali r. Jennings... Page 10 Psychological Testing Mrs. Pasquali approached the MMPI in a defensive manner, which is typical in this type of situation. The profile was within the normal range, with no evidence of depression, anxiety or problems with thinking or concentration. There was sonic indication of interpersonal difficulties. Although she tries to maintain a cheerful front, she harbors resentment and hostility. She tends to provoke anger from others via passive-aggressive behavior, and then to perceive herself as a victim of unjust treatment. There was no evidence of tendency toward overly aggressive or violent behavior. Behavioral Observations with Samantha While Mrs. Pasquali was soft-spoken with me, when I observed her with Samantha she spoke almost in a whisper. This may reflect a kind of intimacy that she wanted to project. It was certainly a contrast to what Samantha told me about her mother yelling at her at home. In their initial play session together Samantha took the toy doctor kit from the shelf. Her mother adopted the role of a frightened patient with a belly ache, pleading, "Please, doc, not today," when Samantha pulled out the toy hypodermic needle. Mrs. Pasquali was quite dramatic as she cried softly while Samantha prepared to give her a shot. Afterwards she asked Samantha if she should be sick again, or whether Samantha wanted to play the sick role. Throughout their session, the mother spoke in melancholy tones. In their second play session Mrs. Pasquali engaged in fantasy play with Samantha. In several of her exchanges she used negatively charged emotional words. For example when trying on a mask she said, "I'm scared." When Samantha decided to use a Big Bird figure to make chicken soup, her mother commented, "It makes me sad." Such comments, as well as those while playing doctor in the previous session, elicited sympathetic responses from Samantha. Mrs. Pasquali was comfortable in her interactions with Samantha. In general she followed Samantha's lead in play, while offering occasional suggestions. I did not observe any opportunity for her to exercise discipline in my presence. SAMANTHA JENNINGS Interviews and play observations !ry Samantha is an outgoing, talkative youngster. She separated readily from the adults accompanying her to join me in the playroom. She was quite distractible as she explored the playroom, picking up one object after another. However, when I asked her to sit down and draw Pasquali r..kmdngs... Page I1 some pictures, she complied. While drawing she said, "I was kind of nervous about coming here." When I asked why, she replied, "I thought it was form making me go back there." (referring to Arizona. During a story-telling task, Samantha digressed to talk about her father. She referred to him as "Andrew" on that occasion (but on other occasions she referred to him and called him "Daddy.") She said that her mom doesn't like Andrew. "She thinks he's a bad person. I think lie's a good person. She's a bad person because she tells lies about him." When I asked Samantha who told her about that, site replied, "Andrew." On the morning of 2/3/01 after the altercation between the Pasqualis and the Jennings, I asked Samantha what happened. She said that her mother and stepfather were yelling, but that she didn't hear her father or stepmother yelling. Site said that Mr. Pasquali had called Mrs. Ferguson (mother of Mrs. Jennings) bad names. Samantha explained that her mother didn't want her to come to see me that day "because she loves me." She added that her mother is afraid that her father will steal her. However, Samantha denied that she, herself was afraid of that. In fact, that morning, in contrast to the previous day, she said that she wanted to live in Arizona with her father. On another day, when I asked her first how she'd feel if the judge said she was going to live with her father, she answered, "1'd like that." When I asked her how she'd feel if the judge said she was going to live with her mother, she replied, "I'd like that too." From her interview and play data it is clear that she feels close to both parents. During some of the play sessions I invited Samantha to make a wish with a "magic" wand. She wished that she could fly, that she was a cat, that she could have candy all the time, and she also wished that she wouldn't get into trouble so much. I asked her to tell me more about her getting into trouble. Site said that she gets into trouble for "lots of things." That morning her mother yelled at her because she hadn't made her bed. She said that site is always late in the morning because "I fall back asleep." One of Samantha's favorite activities in the playroom was to play with sand. Children generally find sand very soothing. Samantha used the sand as a base for her fantasy play as well. Samantha engaged readily in play with all the adults. When she went to bring her father or her stepmother up to the playroom, she led them by the hand. While playing with the sand, Samantha was very verbal. She asked all sorts of questions about sand and about creatures that live in the ocean. She also stopped to ask Mrs. Jennings (who is pregnant) if she was tired. When Mrs. Jennings replied that she was a little tired, Samantha asked "Why?" Mrs. Jennings answered that the baby is growing. With her mother Samantha was especially caring. During their role play in which her mother pretended to be sick, Samantha was gentle and tender. When they reversal roles. Samantha Pasyaali v. Jennings... Page 12 imitated what her mother had done. When they played with the sand, Samantha pretended to prepare some special "tomato soup" for her mother. In general, Samantha's behavior and demeanor during play reflected that of the adult who accompanied her. Thus, with her mother she was subdued and gentle. With her father, who exuded more enthusiasm, she was animated and talkative. She seemed less serious with her father than with her mother. With her stepfather Samantha seemed relaxed. She called him "Dad." She enjoyed burying objects in the sand and having him find them. In this session her play took on a somber theme. She pretended that there was a sandstorm and that the people were trapped. A snake pulled some of them out of the sand, but "the other guys got knocked in and got buried." This theme may reflect Samantha's own anxiety about being overwhelmed by the parental forces tugging on her. It must have set off an emotional reaction, because a couple of minutes later Samantha announced that she had to go to the bathroom. A few seconds later she said, "I think I had an accident." She had wet her pants. She showed no embarrassment about this. Mr. Pasquali said this had never happened before. When Samantha played with her stepmother she conversed and asked many questions. She pretended to call her on the toy telephone. Most of Samantha's play with Mrs. Jennings, however, was of a factual nature rather than fantasy role-playing. Drawings and projective testing Samantha's first drawing was of herself. She selected a brown marker, "because I'm brown," she explained. This indicates that she has formed a racial identity. Her drawing was developmentally appropriate for her age. I then asked her to draw her family, with each person doing something. She drew herself, her mother, her stepfather and her father. None of the figures looked as if they were engaged in any activity, but Samantha pointed to each one and described them: She wasjumping; her mother was falling down because she was dizzy; her stepfather was waving and her father was "just sittin' there." It is apparent that she does not yet have a good sense of who her father is. It is also apparent that she perceives her mother as frail. I administered the Children's Apperception Test (CAT). This is a series of pictures, each depicting animals in various situations. The child is asked to tell a story about each picture. The resulting stories reflect how the child views herself and her world. Samantha's stories revealed themes of unresolved conflict between parents, anxiety over uncertainty, and separation from parents. These are all issues that Samantha is currently dealing with. She also depicted themes Pasquali r. Jennings... Page 13 of getting into mischief, and of having to learn to share. Thcre was no evidence of depression or other serious emotional problems. KATHLEEN JENNINGS Mrs. Jennings, age 31, has been married to Samantha's father for almost a year. She described him as a "wonderful father": loving and caring; strict, but in a positive way. She said that Samantha loves to cuddle tip to him and wants to be with him "every second." Although Mrs. Pasquali reported that Samantha had told her that her father and stepmother would not let her call when she was visiting them, Mrs. Jennings said that Mrs. Pasquali called several times a day, leaving messages on the answering machine. They didn't return calls because they were out doing things all day, and when they arrived home Samantha didn't care to call her back. "I just talked to her," Samantha reportedly said. "Why is she calling me?" During Samantha's visit over Christmas, she told Mrs. Jennings that her mother said she had to change her last name to Pasquali so that she would "belong." She also said that her father wanted to kidnap her. When it was time to go home Samantha didn't want to leave. Mrs. Jennings was open about her contempt for Samantha's mother. She criticized her for using Samantha as a possession, for allegedly telling the child that she doesn't need to see Andrew because she has a new daddy now, and especially for her behavioral display on the Saturday morning when she refused to allow Samantha to go with her father to my office, insulted her mother, and physically attacked Mrs. Jennings. Mrs. Jennings said that she prays for Samantha every day, and hopes that the tug of war between the parents will soon end. She described her own childhood. She was born in San Diego. Her parents were never married, but her mother married her stepfather when she was two years old. There was periodic turmoil in the family. Her step-siblings were suddenly taken away by their mother one day. Her brother was abducted by his biological father. The family took in dozens of foster children over the years, which Mrs. Jennings recalls as a not unpleasant experience for her as a child. In school, Kathleen was a good student. She took accelerated classes and graduated from high school at 15. She described herself as very obedient. "I did everything by the book," she said, because she didn't want to disappoint her parents. She attended community college first in Las Vegas, where the family was living at the time, and later in Washington state. Pasquali v..lcnnings... I'ngc lJ She was married once before, for eight years. unfaithful. The marriage broke up because her husband was Her work history has included office work and emergency medical technician. She met Mr. Jennings, when she brought patients to the hospital where lie worked. Most recently she has worked in a veterinary clinic. She is currently on leave from that job because of medical problems during her pregnancy. I observed Mrs. Jennings in interaction and in play with Samantha. She was warm and affectionate, but not overbearing. She allowed Samantha to direct the play. Samantha asked questions such as, "Will you teach me about sand? About how it's made?" and "Where do these shells come from?" Mrs. Jennings explained things in simple language that Samantha could understand. Mrs. Jennings' MMPI was within the normal range, but reflected a marked attempt to portray herself as virtuous. She denied depression. There is some indication of mild anxiety, but there is no evidence of any serious emotional difficulty. CHRISTIAN PASQUALI Mr. Pasquali, age 33, has been married to Samantha's mother for almost a year. They met at work two years ago. He claims that Mr. Jennings never showed much interest in Samantha until her mother remarried. lie acknowledges that Samantha says she loves her dad and enjoys being with him, but he adds that Mr. Jennings has never had day-to-day responsibility for his daughter. After Samantha returned from her Christmas visit with her father, she was "distrusting." Mr. Pasquali believes that "they worked on her the whole time she was there." He added that it took her three weeks to get back to behaving like her old self. He believes that the stress of the custody litigation is taking its toll. On her last report card Samantha's teacher wrote that she daydreams a lot. I asked him about Mr. Jennings' allegation that Samantha wanders around the apartment in the middle of the night. Mr. Pasquali said that was unlikely, since he is a light sleeper and would have heard her. Mr. Pasquali said that he and his wife do not talk about Mr. Jennings in Samantha's presence. They try to keep her life as normal as possible. I asked him about the events of 2/3101. I-le admitted that he had called Mrs. Ferguson a hag, but only after she had accused him of beating Samantha. lie also said that the Jennings were 1)aagao1i V. Jennings... Page 15 impatient and rude, and that Mrs. Jennings did shove Mrs. Pasquali. I le acknowledged that his wife was emotional, but he also said that Mr. Jennings deliberately presses her buttons. Mr. Pasquali briefly described his personal history, lie grew LIP in Mechanicsburg, the second of three children. His parents are still married to one another. In school he described himself as a "fair" student, an underachiever. After high school hejoined the navy and received an honorable discharge in 1988. It took him several years to find a direction in life. Fie worked as a data entry clerk at Gannett Fleming for a year, then went to college for about a year and dropped out. Fie worked at pizza restaurants for several years. In 1997 lie got a DUI. This seemed to serve as a wake-up call. He stopped drinking and within a year was enrolled as a full- time student at Messiah college, majoring in accounting. He is currently a senior at Messiah college, and will graduate in December. Mr. Pasquali enjoys family life. Samantha calls him "Daddy." No one told her to do so. She spontaneously started addressing him as daddy shortly after he married her mother. Mrs. Pasquali takes care of Samantha's daily routine and personal grooming, but he cooks most of the meals. The family tries to have dinner together most evenings. He works part-time on weekends delivering pizza. I observed Mr. Pasquali in play with Samantha. I-Ic joined her on the floor near the sand box. His manner was relaxed and low-key. As they played they engaged in conversation, mainly concerning the objects they were playing with. When Samantha wet her pants he remained calm and took care of the problem unobtrusively. Mr. Pasquali's MMPI was within the normal range, but indicated an attempt to present himself in an overly positive light. He may have some difficulty expressing anger. Although he is sensitive to criticism and his feelings are easily hart, he is not apt to confront the other person immediately. By the time he does express anger he is apt to overreact. Nevertheless, there is no evidence from the testing or clinical data of any tendency toward violence. Nor is there any indication of serious emotional problems. KAY FERGUSON Mrs. Ferguson is Kathleen Jennings' mother. She lives in a trailer on the Jennings property, but spends much time in the Jennings home. When Samantha visited them, Mrs. Ferguson spent a lot of time with her. During that time she also babysat Matthew, a little boy around Samantha's age. Mrs. Ferguson noticed that when Matthew wouldn't do what Samantha wanted, Samantha would hit him. When Mrs. Ferguson asked her why she hit him, she replied, "He upset me," or "He scares me." When she had to discipline Samantha (by talking to her firmly) in the car because she kept smacking Matthew with the seatbelt, Samanth Ferguson scared her. a later told her father that Mrs. Pasquali v. Jennings... Page 16 Most of the visit, however, Samantha and "Grandma Kay" got along well. Mrs. Ferguson overheard Samantha playing with Matthew. She said to him, "I get spanked a lot. Do you get spanked a lot?" She also told him that her mother yells. In addition Samantha told Mrs. Ferguson that Christian spanks really hard and that her mother gets mad a lot and hits and yells. Mrs. Ferguson said that Andrew is a good father, but that he "needs to learn `the child's age plus two' when it comes to lectures." Apparently, he would explain too much and for too long when correcting Samantha, which made her get very quiet and look scared. She remarked that Samantha seems to be a sad child. Mrs. Ferguson has some medical problems: fibromyalgia and osteoarthritis. She maintains that while her mobility is limited by these, she is able to carry out daily activities and take care of Matthew on a regular basis. She has done graduate work in psychology and used to work as a counselor, specializing in anxiety and panic, which from she herself used to suffer. TOM AND CARYL YOHG Mr. and Mrs. Yolte are Beth Pasquali's stepfather and mother. Mrs. Yohe said that Samantha was quite well adjusted before Mr. Jennings started the custody litigation. Now she gets upset easily. Samantha was always an emotional child, but recently she has been more so. After a recent weekend visit with her father Samantha didn't want to talk to her mother for a while. She has also had gastrointestinal problems, including vomiting and constipation, which Mrs. Yohe attributes to stress. Mrs. Yohe was explicit in her dislike of Mr. Jennings. She said that he makes a favorable initial impression, but that he is a "totally self-consumed, me-person." When she went to Arizona to visit after Samantha was born, lie spent most of his time upstairs with his computer games. After Samantha's parents split up, Mrs. Yohe went to visit Beth again. During the three weeks she was there she heard Beth on the phone asking Andrew to keep Samantha an extra night or attend a doctor appointment. He refused. Mrs. Yohe believes that the physical distance between Samantha and her father is entirely the fault of her father. She does not hold Samantha's mother responsible in any way. She believes that Beth had no other choice but to move back here. Mrs. Yohe claims that Mr. Jennings' mother furnishes the money for Samantha's child support, because he spends all his money on games and comic books. He is more interested in playing than in his responsibilities. When Samantha returned from a visit with him she told Mrs. Yohe that she doesn't get into trouble at her father's house because he lets her do whatever she wants. Samantha is very close to her mother. When Mrs. Yohc used to babysit her, Samantha would frequently ask for her mother. Samantha and her mother are always hugging and kissing each other. As for the child's affectionate behavior toward her father, Mrs. Yohc said that she is Pasquali r. Jennings... Page /i friendly and affectionate with everyone. She even told a man cutting down a tree in the yard, "I love you." Mrs. Yohe described Mr. Pasquali as a caring and involved stepfather. He takes Samantha everywhere. lie plays with her constantly and she is always on his lap. Diving the interview Mr. Yohe didn't say much. When I asked for his input, he mainly expressed agreement with his wife. He too believes that the situation is stressful on Samantha, and that Mr. Jennings is the cause. LETTER FROM DORELL FRANCIS-,IENNINGS Mrs-Francis- Jennings is Andrew Jennings' mother. She wrote a letter of endorsement for her son. She described him as "a caring and nurturing father, who with his gentle strength provides guidance to this daughter." In addition to praising him, she wrote that she had been present when Samantha repeatedly asked her father, "Daddy, why can't I stay with you and visit Mommy sometimes?" CONCLUSIONS Samantha Jennings, age 5, was brought to Pennsylvania by her mother in February, 1999 from Arizona. Her father has been trying to maintain communication and visitation with her, but claims that her mother has not only undermined but sabotaged his relationship with her. On the surface Samantha is a sociable, verbal child. However, she is somewhat anxious and perceives herself in a mildly negative light. She has been described by the adults with whom I spoke as loving, but bossy and stubborn. Samantha's mother believes she is acting in her daughter's best interest by protecting her from Mr. Jennings' overtures, which she believes are insincere. However, Mrs. Pasquali has deep- seated resentment toward Mr. Jennings and her actions reflect a motive of retaliation. She is continuing to punish him, using Samantha as a weapon. If she continues in this pattern. Samantha will become alienated from her father. Samantha's father believes that lie has been unfairlyjudged and treated by his ex-wife. Nevertheless, he has no compelling reason, other than his work schedule, for not being more involved in Samantha's life when she was living near him. Perhaps he assumed that Mrs. Pasquali would continue to initiate contact between Samantha and him when she moved to Pennsylvania. E .j Pasquali v. Jennings... Page IS Mr. Jennings denies that he told Samantha that he is pursuing custody. He did tell her, however, that he has a lawyer who is helping him see more of her. Both parents have amassed a list of grievances against one another, which is common in this type of situation. However, their styles are different. Mr. Jennings relics on facts and documentation. Mrs. Pasquali reports her feelings and impressions. Each parent is mistrustful of the other, and tends to overreact when Samantha complains about one parent to the other. This is typical in situations where the parents jump to conclusions before checking out the story with one another. It is not surprising that Samantha is closer to her mother than to her father. She has been with her mother most of her life. However, the closeness is not always healthy. As noted earlier, Samantha seems to view her mother as frail and in need of support. When she "gets into trouble" for not doing her chores, she not only feels badly about herself, but she also feels guilty for upsetting her mother. In other words, she feels responsible for her mother's feelings. Mrs. Pasquali has drawn Samantha into her own drama, which generates confusion for the child. Samantha is not afraid of her father, but has told her mother that she is, because that is what she believes her mother wants to hear. Mr. Jennings is more straight-forward in his communication. He has had very little time with his daughter in the past two years. He is very confident that lie can be a loving, effective parent, but at this point he has very little experience. Samantha is aware of her biracial identity. It is important that she maintain a connection with her father and his family. Both parents have done their share of "campaigning" with Samantha. They need to stop it. Neither step-parent presents any concern. Mr. Pasquali and Mrs. Jennings are each supportive of their spouses. There is no evidence that they are trying to exert negative influence on Samantha, nor that they would put her at risk. The maternal grandmother and Mr. Jennings' mother-in-law have polarized opinions about Samantha's parents. That is, the one to whom they are closely related is viewed as wonderful while the other parent is vilified. This is unhealthy for Samantha, since she tries to please everyone, and is bound to become confused when she gets caught up in the conflict. Pasquali r. Jenningc... Page 19 RECOMMENDATIONS Regardless of Mrs. Pasquali's tears, Samantha is not in any danger with her father. There is no reason why she should be denied access to him. However, it is not appropriate to remove Samantha from her mother's care at this time. Samantha is quite close to her mother, and although Mrs. Pasquali treats the father with contempt, the child has not been alienated from him. Although Samantha complains about getting into trouble, there is no evidence that she is being physically or mentally abused. It is recommended that the parents share legal custody and that physical custody be shared as follows: Mrs. Pasquali is to have physical custody during the school year. Mr. Jennings is to have physical custody for all but two weeks of the summer, at least 10 days over Christmas vacation and 4 days during spring break. Holidays, long weekends (off school) and birthdays are to be alternated between the parents. Samantha's visits with her father are at his discretion, i.e., whether he prefers to spend them here or in Arizona. Saturday morning phone calls are to be continued during the school year. If, for any reason. Samantha will not be at home, Mrs. Pasquali should call Mr. Jennings (at her own expense) and inform him of an alternate time that same day. • It is also recommended that Samantha have an additional phone call with her father one night during the week. • Mrs. Pasquali should put more effort into promoting the relationship between Samantha and her father. The following actions are recommended: 1. She will not refuse gifts for Samantha, nor will she withhold telephone messages. 2. She will encourage Samantha to telephone her father and send him copies of her school work, pictures and other projects. 3. She will arrange to have copies of Samantha's report card sent to him. 4. She will send him at least three photographs (at her own expense) of Samantha at least every eight weeks (except for the months of June, July and August). 5. She will ensure that Samantha sends her father a card on his birthday and on Father's Day. • It is recommended that Mrs. Pasquali attend a minimum of four counseling sessions to address parenting skills. Samantha's reports to me, to her father, and to other people that she is always getting into trouble, suggests that her mother would benefit from learning more effective disciplinary strategics. • Neither parent is to talk to Samantha disparagingly about the other parent. Pasgrruli r. Jennings... Page 20 Fier father will promote Samantha's relationship with her mother by the following: 1. lie will tell Samantha, "Say hi to your mom" when he says good-bye to her on the telephone. 2. When Samantha is visiting him, she will talk with her mother at least once every three days, but more frequently as she requests. 3. He will send at least three photographs of Samantha (at his own expense) taken when she visits him during the summer and at Christmas. Samantha is not to be used as a conduit to relay messages (except for greetings) from one parent to the other. The parents need to talk directly to one another, sticking to a business agenda, without going off on accusatory tangents. If they cannot do this, e-mail is acceptable, but will not be as effective. • It is finally recommended that this case be reviewed in 18 months, to evaluate how well the parents are cooperating in raising their daughter. Respectfully submitted, Pauline Wallin, Ph.D. Licensed Psychologist CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candicllo, P.C., hereby certify that I served a true and correct copy of the foregoing Pre-Hearing Memorandum, by first-class United States mail, to the following: The Honorable Edgar B. Bayley Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013-3387 Paul J. Esposito, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg PA 17108-1268 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: May j 0, 2002 Susan Kay Canoiej,_Tsquire Counsel for Defend nt PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, P.O. Box 1268 tlanisburg, PA 17108.1268 (717) 2344161 GLENWYN BETH JENNINGS, : IN THE COURT OF COMMON PLEAS OF (PASQUALI) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 99-7728 CIVIL TERM ANDREW ANTHONY JENNINGS, : CIVIL ACTION - LAW Defendant . IN CUSTODY MEMORANDUM I. PLAINTIFF'S POSITION REGARDING CUSTODY. Plaintiffs position on the issues raised by Defendant in his Petition is, in most respects, accurately set forth in Paragraph 4 of the Custody Conciliator's Report of April 12, 2002. To clarify, Plaintiff has not observed the symptoms of depression Defendant has reported and, therefore, has questioned the need for Samantha to be evaluated or placed in a counseling program. However, she did agree at the Conciliation Conference to have Samantha evaluated and to have her participate in counseling, as necessary. Plaintiff deems it appropriate to have Samantha evaluated by someone other than Dr. Wallin. Dr. Wallin has done a custody evaluation in this matter. Plaintiff does question some of the content of Dr. Wallin's report; however, she believes it appropriate to have someone other than the custody evaluator counsel Samantha, thereby keeping the functions of the custody evaluator and counselor separate and distinct. Plaintiff has proceeded with having Dr. David Rogers become involved with Samantha in accordance with this Court's Order of April 16, 2002. She is not aware of any actions taken by Defendant with respect to Dr. Rogers. Plaintiff will share the costs of Dr. Rogers' services equally with Defendant. Defendant has alleged that Plaintiff has committed various violations of this Court's Order of July 25, 2001. Plaintiff denies that she has violated any of the provisions of the Order and will address each allegation at the hearing. Moreover at the most recent Conciliation Conference, as reflected in Ms. Greevy's report, Plaintiff was willing to have this Court's Order of July 25, 2001, modified in order to help alleviate the conflict between the parties on a number of issues. However, Defendant insisted on pursuing his Petition for Contempt for what appear to be primarily punitive reasons. It is truly unfortunate that Defendant is intent on punishing Plaintiff rather than focusing on Samantha's best interests. Plaintiff remains willing to address the issues positively and constructively. Defendant has initiated this action alleging that Plaintiff has violated an Order of this Court. Yet, in significant respects, Defendant himself has failed to abide by the Order. During the summer of 2001, Defendant had Samantha examined by a psychiatrist while she was visiting with him in Arizona. This action was taken without informing or consulting with Plaintiff. This is a blatant violation of Paragraph 2 of the Order of July 25, 2001. Defendant has consistently recorded telephone conversations between Samantha and her mother, while she has visited in Arizona. Defendant apparently records all calls to which Samantha is a party. While these actions may not be illegal under Arizona law, it is certainly inconsistent with the law and public policy of the Commonwealth of Pennsylvania. Most importantly, these actions constitute a violation of Paragraph 13(A) of this Court's Order of July 25, 2001. In summary, Plaintiff stands ready to have the issues identified in Paragraph 6 of the Custody Conciliator's Report of April 12, 2002, resolved as described therein. Plaintiff will share equally with Defendant the cost of Samantha's counseling with Dr. Rogers. Defendant should no longer be permitted to record any telephone conversations between anyone in the parties' respective households or to permit other individuals to do so. Finally, no finding of contempt is warranted. H. WITNESSES. Plaintiff and her husband, Christian Pasquali, are expected to testify at the hearing. They will testify regarding the issues raised by Defendant in his Petition and those which were discussed at the Custody Conciliator Conference. Respectfully submitted, GOLDBERGG,, KATZcMAAN & SHIPMAN, P.C. By: : ?i/ Paul J?sp i o, Esquire Attorey I.D #25454 320 Market Street, Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: May 21, 2002 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Susan Kay Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. By: 1/?`7L6"4G? Paul J.,Espcofo, Esquire Attorney I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: May 21, 2002 79767.1 GLENWYN BETH JENNINGS (PASQUALI), IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-7729 ANDREW ANTHONY JENNINGS, CIVIL ACTION - LAW Defendant CUSTODY PRE-TRIAL MEMORANDUM ON BEHALF OF PLAINTIFF, GLENWYN BETH PASQUALI 1. PLAINTIFF'S POSITION ON CUSTODY: In accordance with Dr. Pauline Wallin's evaluation, the Plaintiff should continue with primary physical custody. It is suggested that the father have temporary custody for visitation purposes through the year. At the time of the conciliation conference, the mother contacted the school in which the child will be attending and it was verified that the school would accept a limited amount of days away from school for educational purposes. Some of the Christmas vacation could be extended for the father's visitation as well as Easter and Spring Recesses. Also, c 5 i t-? there are the normal Monday holidays of Veteran's Day, Martin Luther King, Jr. Day, President's Day, Columbus Day, Memorial Day and Labor Day. The father would have the majority of the summer, but not the entire summer. It is suggested that summer vacation would be a five week period. There have been several visits in the recent past, all of which the father has paid for transportation. It is suggested that the father continue to be responsible for transportation costs as the mother is basically a student and has limited income. Counsel for the father has given her version of facts, which are contested; however, it is deemed not appropriate to address the factual issues as they have already been addressed at two previous custody conciliations and do not significantly bear on the issues to be presented to your Honorable Court. II. LIST OF WITNESSES Plaintiff, Glenwyn Beth Jennings, now known as Glenwyn Beth Pasquali - mother. Plaintiff's husband, Christian Pasquali - stepfather. -2- _'f III. SUMMARY OF TESTIMONY Plaintiff and her husband will testify as to how the current visitations have affected the minor child, Samantha, and the reasons for the above visitation schedule and as to their finances requiring the father to pay for the costs of transportation expenses. Respectfully submitted, BY: 4rrttZhhuurr K. Dils, Esquire 1017 N. Front Street Harrisburg, PA. 17102 (717) 232-9724 I.D. NO. 07056 Counsel for the Plaintiff, Glenwyn Beth Jennings (Pasquali) 1, Arthur K. Dils, Esquire hereby certify that a true and correct copy of the within Pre-Trial Memorandum on Behalf of Plaintiff, Glenwyn Beth Jennings (Pasquali) has been served upon the following individuals by depositing a copy of the same in the United States Mail, First Class Mail, on the 13th day of July, 2001 to the following addresses: The Honorable Edgar B. Bayley Cumberland County Court House One Court House Square Carlisle, PA. 17013 Susan Kay Candiello, Esquire 1-,f 5021 East Trindle Road Suite 100 Mechanicsburg, PA. 17050 Re?pectfully submitted, ? B Arthur K. Dils, Esquire I 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 { I.D. No. 07056 i I Date: July 13, 2001 r, if is if ? i V GLENWYN BETH JENNINGS (PASQUALI), : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, :PENNSYLVANIA VS. : NO. 99-7728 ANDREW ANTHONY JENNINGS, : CIVIL ACTION - LAW DEFENDANT :CUSTODY PRE-HEARING MEMORANDUM CUSTODY HEARING - JULY 23 2001 1. Parties Andrew Anthony Jennings, Defendant (hereinafter known as "Father") Susan Kay Candiello, Esquire, Counsel for Defendant Glenwyn Beth Jennings Pasquali, Plaintiff (hereinafter known as "Mother") Arthur K. Dils, Esquire, Counsel for Plaintiff Samantha Elizabeth Jennings, natural daughter of Father and Mother, subject of hearing, (hereinafter known as "Samantha".) 2. There are two (2) issues in dispute: (A) Duration of Summer Visitation with Father; and, (B) Responsibility for Cost of Airline Transportation. Defendant's Basis for Dispute (A) Father believes it is in the best interests of Samantha to have as much time with Father and his family as possible, considering the distance between the parties and Samantha's school requirements. Father believes he should have the entire summer, with the exception of the first week after the end of school and the last full week prior to the commencement of school, for the following reasons: 1. i) With Father, Samantha has a loving Father, step-mother, step-grandmother, and will have a new sibling, who Samantha loves to be with, interacts extremely well, and is anticipating her new sibling with great delight. In Dr. Wallin's custody evaluation, she did not identify any difficulties and/or problems in Samantha's relationship with her Father, step-mother and/or step-grandmother; ii) Mother has not raised any safety concerns with Samantha being with her Father. Mother's only objections are subjective; iii) The distance between the parties was not created by Father, but by Mother when she told Father her trip to Pennsylvania with Samantha was temporary; iv) Since bringing Samantha to Pennsylvania, Mother has demonstrated deliberate and calculated actions to prevent Father from visitation and communication with his daughter, Samantha; v) Mother has continued, even since the custody order was agreed upon by both parties, to interfere with Father's designated telephone calls with his daughter, Samantha; vi) Samantha has continuously requested, and looked forward to each visit with her Father, step-mother and step-grandmother in Arizona. (B) Father agreed to allow Mother to come to Pennsylvania on a temporary basis to be with Mother's grandmother who was dying. Mother never returned to Arizona, nor would she allow Father to visit or communicate with his daughter, Samantha, once Mother moved Samantha to Pennsylvania. Since coming to Pennsylvania, Mother has remarried and made the decision to attend school full time. Mother's new husband has also made the r, decision to attend school full time. Mother and the new husband are both employed. In addition, Mother receives a grant paying for her school tuition, expenses, and provides a monthly stipend to Mother for any additional expenses. Mother also receives child support from Father, which is and always has been current. Mother and her new husband claim poverty since they are full time students and additionally Mother claims endometriosis as a "disability". (Endometriosis is a condition in which endometrial cells which normally line the uterus can be found throughout the pelvis. With each menstrual period the endometrial cells are stimulated by the ovarian hormones and can bleed into the surrounding areas, causing inflammation and discomfort. Treatment is with antiovulation drugs (oral contraceptives), analgesics, and, in severe cases, total hysterectomy, salpingectomy and oophorectomy.) Father is employed and has remarried. His new wife is expecting a baby and his mother-in-law resides with him. Father and his new wife have planned to return to school and have been saving money to do so. Since Mother took Samantha to Pennsylvania Father has used all of his and his new wife's savings to come to Pennsylvania, obtain counsel to represent him, make numerous trips for visitation with Samantha, and the custody evaluation. To date, Father has borne the entire burden of all expenses, including the entire custody evaluation. Mother contributed nothing, claiming poverty. 3. Legal Theory (A.) "Best Interests and Welfare of the Child" The guideline for the court in making any child custody decision is what is in the best interests and welfare of the child. The parties agreed to utilize the resources of Dr. Pauline Wallin to provide them with a professional opinion as to the best custody arrangement for Samantha. Dr. Wallin did not raise any concerns regarding the time Samantha would be with her Father. In fact, Dr. Wallin recommended Samantha be with her Father for the entire summer. Mother has not raised any objective rationale to support her position Father should only have four (4) weeks with his daughter in the summer. Mother's subjective rationale for why Samantha should not be with her Father echo the negative findings Dr. Wallin made in her report (a copy of which is attached hereto and made a part hereof at Exhibit `B"), at page 18, third paragraph, noting Samantha and her Mother are close, but that this closeness is not always healthy - "Samantha seems to view her mother as frail and in need of support." and in the fourth paragraph on page 18 - "Mrs. Pasquali has drawn Samantha into her own drama, which generates confusion for the child. Samantha is not afraid of her father, but has told her mother that she is, because that is what she believes her mother wants to hear." In fact, on page 19 of Dr. Wallin's report at the sixth paragraph under recommendations, Dr. Wallin recommends Mother attend counseling for her parenting skills. Mother has refused to respond to this recommendation, except for the statement Father should get counseling also. (B.) It is established in case law, if a parent removes a child from one location to another creating a burden upon the other custodial parent to enjoy visitation of the child, the parent removing the child shall be responsible for transportation expenses. This is exactly what has occurred in this instant case. Mother, under cover of a deliberate misstatement, removed Samantha from her Father. Father has had to bear the burden to establish his ability to enjoy regular visitation with his daughter and his savings are spent. Mother should have to bear this continuing burden. Simply because Mother made the voluntary decision to attend school full time before Father did should not enable Mother to avoid any financial responsibility for her actions. Father does not believe he needs to address Mother's alleged "disability" because Father has not found any evidence this alleged disability is a true disability, nor do Mother's actions support her claim this physical condition is a true disability. 4. Plaintitrs Basis for Dispute (A.) Mother has subjective rationale which relate to minor occurrences in Samantha's life which are subject to change by any number of factors in her daily environment. (B.) Mother claims she and her husband have no money. Mother has income from her employment, school stipend, and child support. Mother has taken a vacation to Cape May (NJ), Hershey Park, and various other entertainment sources since the conciliation conference, which strongly suggest Mother is not as destitute as she would portray herself. Mother further claims she is disabled and cannot be on her feet for more than four (4) hours. We are not aware nor have we been able to identify any other entity which recognizes "endometriosis" as a disability. Mother states she is attending school to be an elementary school teacher. This is a career which certainly requires a full day of work on one's feet with children. Additionally Mother is providing childcare to children during the summer vacation from school which requires one to be on one's feet. Even Mother's all day trip to Hershey Park is a grueling day on one's feet. 5. Present Order The present custody order was entered into by agreement between the parties following a conciliation conference with Melissa Greevy, Custody Conciliator, and is attached hereto at Exhibit "A". 6. Witnesses Andrew Anthony Jennings (Father). Father will testify, via telephone, concerning his rationale for wanting Samantha for the entire summer and why he believes Mother should bear an equal portion of the expense for Samantha's travel expenses. 7. Expert Witnesses None at this time. 8. Exhibits (a) Dr. Wallin's Custody Evaluation Report (This has been shared with Attorney Dils and a copy is attached hereto at Exhibit `B"). 9. Scheduling No specific accommodations are requested at this time. 10. Requested Stipulations We believe the parties, in agreeing to use Dr. Pauline Wallin to perform a custody evaluation, have agreed to qualify her as an expert, but if not, then we would request Dr. Pauline Wallin be qualified as an expert. 11. Unusual Legal Issues Father has no knowledge of any special legal issues. r it i l (1 12. Estimate of Time One to two (1-2) hours. 13. Outstanding Motions None at this time. 14. Offers of Settlement The parties are strong in their individual positions. 15. Miscellaneous None known at this time. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: July -L?,,, 2001 Counsel for Defe a PA I.D. # 64998 5021 East Trindle oad Suite 100 Mechanicsburg PA 17050 (717) 796-1930 EXHIBIT 6 GLENWYN BETH JENNINGS (PASQUALI), : IN THE COURT OF CONNON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 99-7728 ANDREW ANTHONY JENNINGS, : CIVIL ACTION-LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this_ day of , 2001, upon consideration of the attached Custody Conciliation Summary Report it is hereby ordered and directed as follows: A hearing is scheduled in Courtro m Number .Z of the Cumberland County Courthouse, on the 23` day of * 2001, at 23()o'clock g l m., at which time testimony will be taken. For t purposes of the hearing, the Father, Andrew Anthony Jennings, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. The hearing shall be limited to the issues of the duration of Father's period of partial custody during summer vacations and the allocation of costs for travel expenses incident to Father's periods of partial custody. Pending further Order of Court it is hereby ordered and directed as follows: 1. Legal Custod . The parties, Glenvvyn Beth Jennings (Pasquali) and Andrew Anthony Jennings, shall have shared legal custody of the minor Child, Samantha Elizabeth Jennings, born May 18, 1995. All decisions affecting the Child's growth and development including, but not limited to: choice of camp, if any; choice of daycare provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the minor Child, directly or as beneficiary, other than custody litigation; education both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the Child's best interest. The parents shall keep each other informed of the progress of the Child's education and social adjustments. The parents shall not impair the other's rights to shared legal custody or physical custody of the Child. The parents shall give support to the other in the role as parent and take into account the consensus of the other for the physical and emotional well-being of the Child. While in the presence of the Child, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or No. 99-7728 uncomplimentary to the other parent. It shall be the expressed duty of each parent to uphold the other parent as one whom the Child should respect and love. It shall be the obligation of each parent to make the Child available to the other in accordance with the physical custody schedule and to encourage the Child to participate in the plan hereby ordered. Each parent has a duty to notify the other of any event or activity which could reasonably be expected to be of significant concern to the other parent. With regard to any emergency decisions which must be made, the parent with whom the Child is physically residing at the time shall be permitted to make the decision necessitated by emergency without consulting with the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to- day decisions of a routine nature shall be the responsibility of the parent then having physical custody. The parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority, and copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be the Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. Neither parent shall schedule activities or appointments for the Child which will require their attendance or participation at said activity or appointment during the time when the Child is scheduled to be in the physical custody of the other parent without that parent's expressed prior approval. 2. Mother shall have primary physical custody. Father shall have partial physical custody of the minor Child, for visitation purposes, during the school year. 3. Father shall have primary physical custody and Mother shall have partial physical custody of the minor Child, for visitation purposes, beginning the Sunday after the first full week following the last day of school. The duration of Father's custodial period for summertime shall be determined by a hearing before the Court, and Father's custodial time for the summer 2001 shall commence on June 16, 2001. 4. On Christmas in even-numbered years Father shall have custody for the Christmas holiday beginning the first day after school is out through January 2nd. In odd-numbered years Father shall have custody of the Child for the Thanksgiving holiday beginning the Wednesday evening before Thanksgiving through the second Friday following Thanksgiving Day. In even- numbered years Mother shall have custody of the Child for the Thanksgiving holiday. In even- numbered years Father shall have custody of the Child for the Easter holiday, beginning the day before the Child has vacation from school for Easter holiday through the Friday following Easter Sunday. The Mother shall have custody of the Child for the Easter holiday in odd- numbered years. No. 99-7728 5. Father shall have the ability to contact the Child, using whatever form of communication he chooses, for a maximum of one (1) hour on the Child's birthday. Father shall give Mother one (1) week's notice of the time he is requesting to communicate with the Child and Mother shall cooperate in making the Child available for Father's birthday communication. 6. Father shall have the ability to contact the Child using whatever form of communication he chooses, for a maximum of one (1) hour on Father's Day, in the event that he does not have custody of the Child at that time. Father shall give Mother one (1) week's notice of the time he is requesting to communicate with the Child and Mother shall cooperate in making the Child available for Father's Day communication. 7. Father shall determine at what location he shall enjoy his periods of custody and visitation with the minor Child. In the event that the parties will be exercising a period of custody away from their home for a period of forty-eight hours or more, the parties shall notify the other of the location where they shall be and a telephone number where they can be reached. The parties shall give each other thirty days notice of their intent to exercise any period of custody outside of the continental United States with the Child. 8. Father shall have the option to request a maximum of three (3) telephone calls each week when the Child is in the custody of Mother. When requesting to reschedule or change times for the telephone call, Mother shall consider the time difference between Pennsylvania and Arizona and Father's work schedule. Father shall have the ability to call the Child Fridays at 7:00 p.m. In addition, Father shall have the ability to call the Child Saturdays at 10:00 a.m. and Sunday evenings at 7:00 p.m. When Father and the Child are speaking on the telephone, neither Mother nor Mr. Pasquali or any other individual: shall be present in the same room as the Child; shall listen on any telephone extension; nor shall they in any manner intrude upon the privacy of the Child and her Father. Should either party be unavailable for a scheduled telephone call, the unavailable party shall contact the other party as soon as possible, preferably before and if not immediately after the time for scheduled telephone call, at their own expense. During the telephone calls with Father, the Child may also speak with Mrs. Jennings and/or Mrs. Ferguson. Ms. Dorrell Francis-Jennings may also have telephone privileges with her Granddaughter, Samantha. Mother and all other individuals will provide the same privacy to the Child and her Grandmother during their telephone calls as identified above. 9. Mother shall provide Father with the following information and items during her periods of custody and visitation with the Child: No. 99-7728 A. On or before the 5'" of each month, Mother shall, at her own expense, provide Father with examples of the Child's school work, craft items, a minimum of three (3) photographs of the Child, her report card and other projects representative of the Child's activities for the previous month, the Father's Day card for Father's Day and a birthday card for his birthday. 10. Mother shall not interfere, delay and/or prevent Father's telephone calls with the Child, gifts and/or correspondence with the Child, messages to the Child or any other form of communication or sharing with the Child. 11. Mother shall attend a minimum of four (4) counseling sessions to address parenting skills and disciplinary strategies. 12. Father shall provide Mother with the following information and items during his periods of custody and visitation with the Child: A." A maximum of three (3) telephone calls each week the Child is in his custody. Father shall provide the same guidelines for telephone calls as Mother, identified above; B. Three (3) photographs of the Child for each period of custody or visitation he has with the Child. 13. When the Child meets the airline requirements for traveling with an airline provided escort during air travel, and the Child is comfortable flying without one of her parents, the parties may agree to stop traveling with the Child. 14. Parents shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. 15. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. No. 99-7728 BY THE COURT, /S E gar B. ayley, J. Dist: Susan Kay Candiello, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 Arthur K. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 TRUE COPY FROM RECORD and In Testimony where?f, 1 here nto set my and t seal of sail CTrt Carlisl , pa Q' 11 MI GLENWYN BETH JENNINGS (PASQUALI), Plaintiff vs. ANDREW ANTHONY JENNINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7728 CIVIL ACTION-LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samantha Elizabeth Jennings May 18, 1995 Mother 2. A Custody Conciliation Conference was held on May 22, 2001, with the following individuals in attendance: the Mother, Glenwyn Beth Jennings (Pasquali), and her counsel, Arthur K. Dils, Esquire; the Father's counsel, Susan Kay Candiello, Esquire. The Father participated by telephone from where he resides in Arizona. 3. The parties reached an extensive agreement in the form of an Order of attached with the exception of two issues. The parties agreed that there would be a hearing before the Court which scope would be limited exclusively to the two issues unresolved by the parties. Therefore, an Order scheduling a brief hearing before Judge Bayley and reflecting the agreement the parties have reached is attached. In addition, the Custody Evaluation Report, by agreement of counsel, is forwarded in courtesy copied to Judge Bayley. 4. The two issues remaining in dispute between the parties relate to: (1) the duration of the summer period of custody and (2) the responsibility for the sharing of cost of airline transportation to allow Father to exercise his custodial rights. 5. Father's position on the duration of summer custody is that, as per Dr. Wallin's recommendation, he should have custody of the Child for all but the first and last weeks of the summer break from school. He believes that this time is necessary to assist him in developing and maintaining his relationship with the minor Child, especially in light of the geographic distance between them at this time. Father believes that it is appropriate for him to have these weeks in particular because the majority of the year the Child is in the physical custody of Mother while she attends school. No. 99-7728 6. Mother's position on the summer custody is that following the visits with Father the Child is less focused at school, mistrustful, and more aggressive. She also reports the child to be sassy after she has spoken with her Father. Mother reports that the child's sleep is disturbed for a few days following visits with Father. Mother proposes that Father should have only four weeks of the summer vacation, and that one week of summer vacation could be added each year. 7. Airline Ticket Costs. Father's osition is that the cost of the airline tickets to allow him to exercise his periods of partial custody approximately three times per year should be shared equally between the parties. He feels this equal sharing is appropriate in light of the fact that it was Mother who chose to relocate the Child at such a great distance from Father and caused the need for the airline transportation. Father also points out that it was he who paid for the entire cost of the custody'evaluation and that he flew from Arizona to Pennsylvania on three different occasions to participate in the evaluation done by Dr. Wallin. He estimates that his expenses to pursue this matter thus far have been approximately fifteen thousand dollars. Father works between forty and sixty hours a week at a hospital earning approximately teih dollars per hour. He has remarried and is expecting a new baby to that marriage in the near future. Additionally, he and his new wife have some expenses associated with providing support to his Mother-in-Law. Mother's position on the cost of airline transportation is that the sharing should be proportionate to income and that she cannot afford to share equally in the cost of transportation. She presently plans to work thirty-two hours a week during the summer as a babysitter at the rate of seven dollars per hour. Additionally, Mother receives a six hundred dollar per month stipend from the VA while she is attending Messiah college to become a teacher. Mother states that she is attending school with the assistance of the Office of Vocational Rehabilitation. They are assisting her with this education because she was discharged from the Service as a result of a disabling medical condition which she describes as endometriosis. She reports that as a result of this illness she is unable to stand on her feet for even four hours per day. Mother, too, is remarried but states that her husband is presently attending school full time. 8. A hearing on these two issues should take approximately one hour of the Court's time. It is anticipated that Father shall participate by telephone. Date Me issa Peel Greevy, Esqu e Custodv Conciliator EXHIBIT "B" Pauline Wallin, Ph.D. 201 Suuah 32ad 5uen Licensed Psycho(ogisr Cmip MR. IA 171111 & Associates (7I7)14LI811 rL\X(7171741.1942 EMAIL: pwillm4Gp:nwhnecum CUSTODY EVALUATION REPORT March 28, 2000 Child's Name: Samantha Jennings Birth Date: 5/18/95 Parents: Andrew Jennings Gleowyn Beth Pasquali Dates of Assessment: January - March 2001 Assessment Procedure • Interviews with Andrew Jennings, Samantha's father • Interviews with Beth Pasquali, Samantha's mother • Interviews with Kathleen Jennings, Samantha's stepmother • Interviews with Christian Pasquali, Samantha's stepfather • Interviews and behavioral observations of Samantha, alone and with each parent or stgpparent • Psychological testing Adults: Minnesota Multiphasic Personality Inventory (MMPI) Samantha: Children's Apperception Test (CAT), Drawings • Interview with Kay Ferguson, Mr. Jennings' mother-in-law • Interview with Tom and Caryl Yohe, Mrs. Pasquali's mother and stepfather • Review of records • Interim Court Order, 12/11/2000 Custody Conciliation Summary report, 12/5/2000 • Correspondence between attorneys • Petitions and orders filed in Arizona regarding this matter Correspondence and a-mails between Mr. Jennings and Mrs. Pasquali • Letter from Dorell Francis-Jennings, Mr. Jennings' mother, regarding his relationship with Samantha Referral: A custody evaluation was ordered by the Court in order to provide information on which to make a decision regarding custody of Samantha. Mr. Jennings has alleged that Samantha's mother unlawfully took her out of Arizona, where they all had been living. Mrs. Pasquali had not allowed Samantha to visit him, until ordered by the Court to do so last December. Mr. Jennings has filed for primary physical custody of Samantha. CONSULI'AI'ION • EVALUATION • I'SYCI IOnIERAPY Pasquali r. Jennings... Page 2 Background Data: Mr. Jennings and Mrs. Pasquali were divorced in 1997. At that time they were both living in Arizona, having recently completed their assignments in the U.S. Air Force. In February 1999 Mrs. Pasquali (then Jennings) brought Samantha to Pennsylvania, where her family lives, Mr. Jennings claims that he thought they were just going for a visit, but Mrs. Pasquali maintains that he knew she was moving here. The parents had joint legal and physical custody, but there was no schedule for access by the parents. Mrs. Pasquali refused to allow Samantha to visit her father, allegedly because he threatened to take her and not bring her back. In August 2000 Mr. Jennings petitioned to the Arizona Court to enforce the joint physical custody order, so that he could see his daughter on a regular basis. Mrs. Pasquali then petitioned to move jurisdiction to Pennsylvania, and for her to retain primary physical custody. By that time, Samantha had been in Pennsylvania for a year and a half, and the Arizona Court deferred jurisdiction to Pennsylvania The parents do not communicate well with one another. Most of their recent communication has been between their attorneys. It is also noted that the parents are of different races: Mr. Jennings is black and Mrs. Pasquali is caucasian. Neither parent has claimed that race is a major issue in their disagreements with one another. ANDREW JENNINGS Interview Data Mr. Jennings, age 29, arrived promptly for his appointments. He resides in Tucson, Arizona, but flew up on three occasions to meet with me and to visit with Samantha. He was neatly groomed and casually dressed. He was friendly, with good social skills, and spoke in a well-modulated voice. He came to our first meeting with a briefcase full of documents pertaining to his case. He said that he has been trying to visit with his daughter ever since her mother took her to Pennsylvania in February, 1999. When she left, she had allegedly told him that she was going to visit her dying grandmother. (She denies having said this.) When she didn't return, he tried to maintain a relationship with his daughter through phone calls and gifts. I lowever, Mrs. Pasquali undermined his relationship with her by not allowing him to talk to Samantha, by not giving her Pasquali r../eaaiagc... Page 3 the gifts and cards that he sent, and by refusing to allow her to visit him. She also allegedly made derogatory comments to Samantha about him, which Samantha later repeated to him. Mr. Jennings is especially concerned that Samantha's emotional and physical welfare is in jeopardy. She told him that she wanders around the apartment at night when her mother and stepfather are asleep. She said that she gets yelled at and spanked a lot by her mother and stepfather, and that her stepfather "spanks hard." When she visited him last December, he observed her hitting her dolls and hitting a little boy that his mother-in-law takes care of. In addition to the spanking, he is concerned about Mrs. Pasquali's morals. After they had separated she lived with two different men before marrying her current husband, and he believes she may have had other relationships as well. Mr. Jennings believes that Mrs. Pasquali is not acting in Samantha's best interests. He believes that Mrs. Pasquali is deliberately interfering with his ability to develop a relationship with his daughter. In addition to the allegations stated above, he has documentation that she told Samantha that she is better off without him. Mr. Jennings focussed much of his conversation on Mrs. Pasquali, and on his frustrations with her. Prior to the Court setting up a regular time when he would call and speak to Samantha on Saturdays, he would call and leave messages at various times. Mrs. Pasquali refused to have Samantha call him back, ostensibly because she couldn't afford long-distance phone calls. Mr. Jennings invited her to call him collect, but she did not do so, even on Pather's Day. He said that he and Mrs. Pasquali had agreed, in November, 1999 that Samantha would visit him the following May. (Hither he or his mother would fly out with her.) However, Mrs. Pasquali later changed her mind, telling him she didn't want her daughter visiting him at all. Mr. Jennings is also frustrated by Mrs. Pasquali's general attitude toward him. He describes her as rude and disrespectful, resorting to profanity and name calling in Samantha's presence. During one of his recent visits, when he was to bring Samantha on a Saturday morning (2/2/01) to an appointment with me, he arrived without her. He told me that Mr. and Mrs. Pasquali had refused to allow Samantha to go with him. Apparently Mrs. Pasquali did not believe that Samantha had an appointment with me, because she did not recall my having informed her. She then called my office to confirm the appointment, but I had not yet arrived, so her call was taken by the answering service. During the exchange between the Jennings and the Pasqualis, Mr. Jennings reported that both Mr. and Mrs. Pasquali were yelling at him, his wife and his mother-in-law. Mr. Pasquali called his mother-in-law a "hag" in front of Samantha. Mrs. Jennings reportedly took Samantha to her car, but Mrs. Pasquali shoved her away and removed her daughter from the car, and called the police. When the police came, they told Mr. Jennings that unless he had a court order, he had to leave without his daughter. Pasquali r. Jennings... Page d Later, at my office, I tried to call Mrs. Pasquali, but there was no answer. I called her attorney, but she eventually brought Samantha to my office on her own. The Pasqualis have a slightly different version of what happened that morning, which I will describe later in this report. Mr. Jennings believes that Samantha will be better off in his custody, because lie will not try to keep her from her mother. She will also be with a parent who resembles her racially, and he wants her to feel connected to her Jamaican heritage. Mr. Jennings lives in a house in a more suburban setting, where Samantha can play outside. Her mother lives in an apartment above a store on a main street. In addition, his mother-in-law, who lives in a trailer on his property, will be available to take care of Samantha when she is not in school and when he and his wife are at work. When Samantha is with him, she is reportedly happy. She has never asked to call her mother. When he suggests that she call her mother, Samantha says she doesn't want to. When it's time to return to her mother, Samantha is reluctant to go. He believes that Samantha "is destined for greatness" and he wants to help foster that destiny. Personal History Mr. Jennings grew up in Queens and The Bronx, New York. His parents were divorced when he was eight years old. Ile and his older sister were raised by their mother, whom he describes as a "very strong woman." He described himself as a "very challenging child" and is grateful to his mother for the strong discipline that she used. His father, who had been physically abusive to his mother, has since "changed his ways." Young Andrew did not hang out with gangs. He didn't smoke or drink or get into legal trouble, but he took physical challenges and had no sense of danger. He would experiment with things. For example, once he made his own chemistry kit. In school he was a good student and skipped second grade. At age 14 he decided he wanted to enlist in the Air Force and become a pilot. To prepare for this dream, he attended a special high school where he learned airplane mechanics. After high school he enlisted in the service, but in Basic Training he learned that he was ineligible to become a pilot, because he had a red/green perceptual deficiency. Nevertheless, lie decided to make the best of his four years there. He was picked for an elite drill team - the Honor Guard - which performed at weddings, parades and funerals. "We looked good," he told me. He also received awards: the Elite Honor Guard of the month, and the Elite Honor Guard of the quarter. "This proved I was the best of the best," he said. "It was a lot of discipline, but I learned discipline was an important part of my life." rasqual! %. Jennings... Page 5 Fie met Beth at a barracks partyjust before the Gulf War. When most of their friends were sent overseas, they turned to each other for comfort. In retrospect, he realizes that he never "fell in love" with her. The marriage had rocky beginnings. They were both only 20 years old when they married. Prior to their marriage Beth had "pretended" to like everything he did, including music, TV shows, etc. After a month of marriage he found out that she didn't share his interests. Fie also said that she was selfish and needy. She reportedly resented his going out with his friends, and expected him to spend all his free time with her. lie had hoped that the birth of Samantha would bring them closer together, but things only got worse. Beth kept threatening divorce. He finally got tired of her threats and filed for divorce himself. Mr. Jennings described his work history. Except for his military service, in which he ran the commissary, most of his work has been in hospitals. He currently processes admissions in an emergency room. His work hours are 12:00 noon to 8:00 p.m. He is in good health. He drinks alcohol infrequently, on social occasions. Psychological Testing Mr. Jennings approached the MMPI in a highly defensive manner, minimizing problems and denying even socially acceptable shortcomings. This is consistent with his interviews, in which he made frequent reference to the importance of impression and appearance. It is important for him to appear competent and in control. The clinical scales were well within the normal range. There was no evidence of depression, anxiety, or problems with normal thought processing. There was no indication of any tendency toward overly aggressive or violent behavior. There was some evidence that he tends to avoid conflict. When he becomes annoyed or upset with someone close to him, lie is not apt to confront the person directly. Instead, he is more likely to express his feelings in roundabout ways, such as through silence or other passive aggressive behavior. He may even deny having angry feelings when questioned about his behavior. Behavioral Observations with Samantha Mr. Jennings was at ease with his daughter. Fie enthusiastically joined her in play on the floor. Fie was quite animated and verbal, talking to her continually during their time together. Fie Pasquali v. Jennings... Page 6 would comment on what she was doing, and would ask her questions, usually of an educational nature. e.g., "What kind of animal is that?" Father and daughter played with sand during the first play session. During this time, his comments and questions were of a factual nature. During their second play session, Samantha chose more fantasy role-playing. He was equally enthusiastic and adept at participating on her level. When Samantha was struggling to put Legos together to make something for their fantasy play, he waited a couple of minutes before asking her if she needed help. For the most part, Mr. Jennings allowed Samantha to direct the play. However, he did set some limits, such as cautioning her not to overload the shovel with sand, and telling her not to take the clothes off one of the toy bears. When she did remove the mother bear's apron, he took the bear from her and reattached the apron. When Mr. Jennings saw how much Samantha enjoyed playing with sand, he promised to get her a sandbox to play with when she comes to visit. In summary, Mr. Jennings was quite at ease with Samantha. He readily engaged in play, but also took charge when necessary. GLENWYN BETH PASQUALI Mrs. Pasquali, who uses the first name Beth, took several weeks to set up an appointment with me. When I later asked her about this, she replied she hadn't known that she was to call me. Once she became involved in the evaluation process, she arrived promptly for her appointments. She was casually dressed and neatly groomed. She was soft-spoken and maintained good eye contact, but she seemed a bit melancholy in her tone and manner. Just as Mr. Jennings had devoted most of his interview time to criticizing her, she likewise dwelled on how he had made her life miserable. She said that while they were living in Arizona he never paid much attention to Samantha. Shortly after Samantha's birth, he was more interested in going out with his friends and playing Dungeons and Dragons, than being with her. When they separated, he saw Samantha only one day per week. When Samantha was sick, he wouldn't inconvenience himself to take time off work to care for her. "I've tried very hard to let him be a parent," Mrs. Pasquali said. After she and Samantha moved to Pennsylvania, his phone calls were sporadic. Then, all of a sudden last August, he started taking an interest in Samantha. First he said that he wanted to see more of her. Then Mrs. Pasquali received papers indicating that he was trying to get custody. I'n.squali %- Jeurdags... Page i Mrs. Pasquali made it clear that she does not like and does not trust Mr. ,lennings. When talking about him she referred to him as "Mr, Jennings." When I asked her why she did this, she replied, "It helps distance me from him." She regards Mr. Jennings as an intrusion on her and her family. While he seems interested in Samantha now, she is concerned that he alayjust as suddenly lose interest. Mrs. Pasquali is now happily remarried, and Samantha loves her stepfather. She doesn't mind Mr. Jennings calling or visiting his daughter occasionally, but Samantha belongs with her fancily here in Pennsylvania. Mrs, Pasquali herself was raised by a stepfather, and regards him as her dad. She doesn't feel site missed much when her own father abandoned the fancily. Mrs. Pasquali believes that she is better able to lake care ol'Snncantha. "I'm the only stable, consistent person that's been in her life every clay," she said. She contends that Mr. Jennings does not know Samantha. FIc puts his own needs ahead of hers. In Arizona he allowed her to watch violent TV shows. Samantha never expressed any interest in her father until he started calling all the time. And contrary to Mr, Jennings' claims that Samantha enjoys her visits with him, the child told Mrs. Pasquali that she was scared when she was there. She said that they made her hug Mrs. Jennings' mother, and she didn't want to. She added that she wanted to call her mother, but that her father wouldn't let her.. Samantha told her mother that she wants to continue to see her fnlher, but that he should conic here to visit her. Mrs. Pasquali discussed her departure from Arizona. She had wanted to move back to Pennsylvania in 1996, but at that time didn't want to lake Samantha away from her father. However, when he showed minimal interest in the child, Mrs. Pasquali decided to more here because she missed her fancily. Contrary to Mr. Jennings' contention that lie didn't know she wasn't going to return to Arizona, she claincs that he did know. He helped her pack the truck, and did not even wan( to keep any of Samantha's toys, Mr. Jennings reportedly plays "a lot of conflicting parent games." For example, when he's on the phone with Samantha, he says, ")'our nnonumy doesn't always tell the truth." (She listens in on all their phone calls.) tic also reportedly talks to Samantha about the court proceedings, which Mrs. Pasquali believes is entirely inappropriate. The fact that Samantha is affectionate toward her father, his wife and his mother-in-law, was dismissed by Mrs. Pasquali. She said that Samantha is affectionate toward everyone. I asked Mrs. Pasquali why she had refused to allow Samantha to visit her father until the Court ordered it. She replied that in the past Mr. Jennings had threatened to take Samantha and not bring her back. 'T'herefore, she fell compelled to prolect her daughter. Moreover, Mrs. Pasquali believes that Samantha is loo young to be traveling across the country. I asked Mrs. Pasquali about the events on the morning of February 3, when she refused to allow Samantha to collie with her father to all appointment at illy office. Mrs. Pasquali said that Mrs. Pasquali v. Jennings... Page 8 Jennings had been rude to her and shoved her (which Mrs. Jennings denies.) Mrs. Pasquali did not know Kathleen Jennings nor her mother, and didn't know what they "would do to Samantha." Mrs. Pasquali said that she just had a feeling that Samantha wouldn't be safe with them. Mrs. Pasquali's dramatic reaction to the Jennings' visit reflects her opposition to encouraging a relationship between Samantha and her father. When Mr. Jennings came in for the weekend of 2/2/01 and picked up Samantha on Friday morning, Mrs. Pasquali insisted that lie bring her back that afternoon rather than keeping her overnight. Later I learned from Samantha that this was because she had a play date. On 2/23/01 when Samantha was scheduled for an appointment with her father at my office at noon, Mrs. Pasquali called around 9:00 a.m. She said that because it had snowed, school was delayed, and Samantha's kindergarten schedule had been extended to later, such that she would miss school if she came to the appointment as scheduled. Mrs. Pasquali requested postponing the visit to later. When I told her that was not possible, she argued that Samantha had already had two unexcused absences, and could not afford any more. I assured Mrs. Pasquali that I would provide a note for the school, but she continued to protest. It was apparent that the issue was not merely Samantha's missing an hour of school. Mrs. Pasquali says that she and Samantha are very close. They read and play games together, go to the park and visit friends and family. She acknowledged that Samantha can be bossy or stubborn at times, and that she needs to be disciplined. She said that she tries redirecting Samantha, and, if that doesn't work, she uses time-outs or revokes privileges. She also spanks Samantha on the bottom if her physical safety is at risk. Samantha has trouble getting up and getting going in the morning because she "dilly-dallies." She also sometimes doesn't finish her work at school or her chores at home. Mrs. Pasquali has to keep saying to her, "Samantha, did you brush your teeth?" "Are you doing what you're supposed to be doing?" etc. Recently, she learned that it helps to set the timer in order to get Samantha to hurry up. Mrs. Pasquali claims that she allows Samantha to call her father whenever she wants, but that Samantha does not ask to call him. On a form that I give parents to fill out I noted that Mrs. Pasquali had not answered the questions, "What is your major weakness as a parent?" and "What is the best characteristic of the other parent.?" I later asked her about this. She said she couldn't think of anything to write in response to those questions. She couldn't think of anything lacking in her parenting. She always reads parenting articles in magazines, makes sure that Samantha has a good diet and doesn't watch too much TV. "We're very much joined, connected," she said. "I don't know that that is a weakness," she added. Currently Mrs. Pasquali and her husband are full-time students. She takes Samantha to the day care program at HACC while she is in class. She also works part-time in a hospital as an aide. Pasquali r. Jennings... Page 9 Personal History Beth Pasquali grew up in New Cumberland, the youngest of three children. Her parents divorced when she was two or three years old. I Ier mother remarried her stepfather when she was eight. Mrs. Pasquali doesn't know her biological father, since he wasn't involved in the family. She said that "he lives around here somewhere," but that she has no contact with him. She describes her mother as very talkative and friendly, and her stepfather as warm, emotional and "very lovey." In school she described hersell'as it " geek." Academically she was a B student. She was quiet and "didn't do the 'in' thing." In eighth grade she started taking karate lessons and eventually carried her black belt. Site was also involved in horseback riding and the youth group at church. She became interested in the milhary when her high school boyfriend signed up. She enlisted in the Air Force so Ihal she could eventually use the GI Bill to pay for college. While in the service she worked in the phnrnutcy. During [lint time she was quite homesick and talked to her family frequently. When site stet Andrew Jennings she tin ind him personable, outgoing and fun. In retrospect she realizes that they married loo young and that he wasn't ready to have a family. In 1993 they left the service and moved to Mr, Jennings' mother's place in New York. Because she couldn't find work there, she went to stay with her purenls in New Cumberland. She worked part-time in a hospital pharmacy and also it clothing store. Site saw Mr. Jennings on weekends. After a year, when he decided he didn't like Ids Job, they moved back to Arizona. She then found out that she was pregnant, She was quite sick during the first half of her pregnancy. Mr. Jennings mowed out in January, 1996, when Samantha was eight months old. The divorce became final in May. 1997, Auer the divorce she dated two men in Arizona: the first for a few months and the second lir two years. She lived with the latter for about six months. He was going to follow her to Pennsylvania after she moved back here, but the relationship fizzled once they were geographically separated. She ntel Christian Pasquali while working at Merck-Mcdco. She found him friendly and family- oriented. Ile is also a "hontehody" like herself. lie "doesn't need to be always going somewhere,„ Shc currently lives a quiet tile. She does not drink or smoke. Her health is good except for endonteriosis. She received it medical discharge from the Air Force for this condition. Pasquali r. Jennings... Page 10 Psychological Testing Mrs. Pasquali approached the MMPI in a defensive manner, which is typical in this type of situation. The profile was within the normal range, with no evidence of depression, anxiety or problems with thinking or concentration. There was some indication of interpersonal difficulties. Although she tries to maintain a cheerful front, she harbors resentment and hostility. She tends to provoke anger from others via passive-aggressive behavior, and then to perceive herselfas a victim of unjust treatment. There was no evidence of tendency toward overly aggressive or violent behavior. Behavioral Observations with Samantha While Mrs. Pasquali was soft-spoken with me, when I observed her with Samantha she spoke almost in a whisper. This may reflect a kind of intimacy that she wanted to project. It was certainly a contrast to what Samantha told me about her mother yelling at her at home. In their initial play session together Samantha took the toy doctor kit from the shelf. Her mother adopted the role of a frightened patient with a belly ache, pleading, "Please, doc, not today," when Samantha pulled out the toy hypodermic needle. Mrs. Pasquali was quite dramatic as she cried softly while Samantha prepared to give her a shot. Afterwards she asked Samantha if she should be sick again, or whether Samantha wanted to play the sick role. Throughout their session, the mother spoke in melancholy tones. In their second play session Mrs. Pasquali engaged in fantasy play with Samantha. In several of her exchanges she used negatively charged emotional words. For example when trying on a mask she said, "I'm scared." When Samantha decided to use a Big Bird figure to make chicken soup, her mother commented, "it makes me sad." Such comments, as well as those while playing doctor in the previous session, elicited sympathetic responses from Samantha. Mrs. Pasquali was comfortable in her interactions with Samantha. In general she followed Samantha's lead in play, while offering occasional suggestions. I did not observe any opportunity for her to exercise discipline in my presence. SAMANTHA JENNINGS Interviews and play observations Samantha is an outgoing, talkative youngster. accompanying her to join me in the playroom. playroom, picking up one object after another. She separated readily from the adults She was quite distractible as she explored the However, when I asked her to sit down and draw a. Pasquali v. Jennings... Page Il some pictures, she complied. While drawing she said, "1 was kind of nervous about coming here." When I asked why, she replied, "I thought it was form making me go back there." (referring to Arizona.) During a story-telling task, Samantha digressed to talk about her father. She referred to him as "Andrew" on that occasion (but on other occasions she referred to him and called him "Daddy.") She said that her mom doesn't like Andrew. "She thinks he's a bad person. I think he's a good person. She's a bad person because she tells lies about him." When I asked Samantha who told her about that, she replied, "Andrew." On the morning of 2/3/01 after the altercation between the Pasqualis and the Jennings, I asked Samantha what happened. She said that her mother and stepfather were yelling, but that she didn't hear her father or stepmother yelling. She said that Mr. Pasquali had called Mrs. Ferguson (mother of Mrs. Jennings) bad names. Samantha explained that her mother didn't want her to come to see me that day "because she loves me." She added that her mother is afraid that her father will steal her. However, Samantha denied that she, herself was afraid of that. In fact, that morning, in contrast to the previous day, she said that she wanted to live in Arizona with her father. On another day, when I asked her first how she'd feel if the judge said she was going to live with her father, she answered, "I'd like that." When I asked her how she'd feel if thejudge said she was going to live with her mother, she replied, "I'd like that too." From her interview and play data it is clear that she feels close to both parents. During some of the play sessions I invited Samantha to make a wish with a "magic" wand. She wished that she could fly, that she was a cat, that she could have candy all the time, and she also wished that she wouldn't get into trouble so much. I asked her to tell me more about her getting into trouble. She said that she gets into trouble for "lots of things." That morning her mother yelled at her because she hadn't made her bed. She said that she is always late in the morning because "I fall back asleep." One of Samantha's favorite activities in the playroom was to play with sand. Children generally find sand very soothing. Samantha used the sand as a base for her fantasy play as well. Samantha engaged readily in play with all the adults. When she went to bring her father or her stepmother up to the playroom, she led them by the hand. While playing with the sand, Samantha was very verbal. She asked all sorts of questions about sand and about creatures that live in the ocean. She also stopped to ask Mrs. Jennings (who is pregnant) if she was tired. When Mrs. Jennings replied that she was a little tired, Samantha asked "Why?" Mrs. Jennings answered that the baby is growing. With her mother Samantha was especially caring. During their role play in which her mother pretended to be sick, Samantha was gentle and tender. When they reversed roles, Samantha t? Pasquali r. Jennings... Page 12 imitated what her mother had done. When they played with the sand, Samantha pretended to prepare some special "tomato soup" for her mother. In general, Samantha's behavior and demeanor during play reflected that of the adult who accompanied her. Thus, with her mother she was subdued and gentle. With her father, who exuded more enthusiasm, she was animated and talkative. She seemed less serious with her father than with her mother. With her stepfather Samantha seemed relaxed. She called him "Dad." She enjoyed burying objects in the sand and having him find them. In this session her play took on a somber theme. She pretended that there was a sandstorm and that the people were trapped. A snake pulled some of them out of the sand, but "the other guys got knocked in and got buried." This theme may reflect Samantha's own anxiety about being overwhelmed by the parental forces tugging on her. It must have set off an emotional reaction, because a couple of minutes later Samantha announced that she had to go to the bathroom. A few seconds later she said, "I think I had an accident." She had wet her pants. She showed no embarrassment about this. Mr. Pasquali said this had never happened before. When Samantha played with her stepmother she conversed and asked many questions. She pretended to call her on the toy telephone. Most of Samantha's play with Mrs. Jennings, however, was of a factual nature rather than fantasy role-playing. Drawings and projective testing Samantha's first drawing was of herself. She selected a brown marker, "because I'm brown," she explained. This indicates that she has formed a racial identity. Her drawing was developmentally appropriate for her age. I then asked her to draw her family, with each person doing something. She drew herself, her mother, her stepfather and her father. None of the figures looked as if they were engaged in any activity, but Samantha pointed to each one and described them: She was jumping; her mother was falling down because she was dizzy; her stepfather was waving and her father was "just sittin' there." It is apparent that she does not yet have a good sense of who her father is. It is also apparent that she perceives her mother as frail. I administered the Children's Apperception 'rest (CAT). This is a series of pictures, each depicting animals in various situations. The child is asked to tell a story about each picture. The resulting stories reflect how the child views herself and her world. Samantha's stories revealed themes of unresolved conflict between parents, anxiety over uncertainly, and separation from parents. These are all issues that Samantha is currently dealing with. She also depicted themes Pasgeali r. Jennings... Page 13 of getting into mischief, and of having to learn to share. There was no evidence of depression or other serious emotional problems. KATHLEEN JENNINGS Mrs. Jennings, age 31, has been married to Samantha's father for almost a year. She described him as a "wonderful father": loving and caring; strict, but in a positive way. She said that Samantha loves to cuddle up to him and wants to be with him "every second." Although Mrs. Pasquali reported that Samantha had told her that her father and stepmother would not let her call when she was visiting them, Mrs. Jennings said that Mrs. Pasquali called several times a day, leaving messages on the answering machine. They didn't return calls because they were out doing things all day, and when they arrived home Samantha didn't care to call her back. "I just talked to her," Samantha reportedly said. "Why is she calling me?" During Samantha's visit over Christmas, she told Mrs. Jennings that her mother said she had to change her last name to Pasquali so that she would "belong." She also said that her father wanted to kidnap her. When it was time to go home Samantha didn't want to leave. Mrs. Jennings was open about her contempt for Samantha's mother. She criticized her for using Samantha as a possession, for allegedly telling the child that she doesn't need to see Andrew because she has a new daddy now, and especially for her behavioral display on the Saturday morning when she refused to allow Samantha to go with her father to my office, insulted her mother, and physically attacked Mrs. Jennings. Mrs. Jennings said that she prays for Samantha every day, and hopes that the tug of war between the parents will soon end. She described her own childhood. She was born in San Diego. Fier parents were never married, but her mother married her stepfather when she was two years old. There was periodic turmoil in the family. Fler step-siblings were suddenly taken away by their mother one day. Her brother was abducted by his biological father. The family took in dozens of foster children over the years, which Mrs. Jennings recalls as a not unpleasant experience for her as a child. In school, Kathleen was a good student. She took accelerated classes and graduated from high school at 15. She described herself as very obedient. "I did everything by the book," she said, because she didn't want to disappoint her parents. She attended community college first in Las Vegas, where the family was living at the time, and later in Washington state. Pasquali r. Jen,d,igs... Page ld She was married once before, for eight years. The marriage broke up because her husband was unfaithful. Her work history has included office work and emergency medical technician. She met Mr. Jennings, when she brought patients to the hospital where he worked. Most recently she has worked in a veterinary clinic. She is currently on leave from that job because of medical problems during her pregnancy. I observed Mrs. Jennings in interaction and in play with Samantha. She was warm and affectionate, but not overbearing. She allowed Samantha to direct the play. Samantha asked questions such as, "Will you teach me about sand? About how it's made?" and "Where do these shells come from?" Mrs. Jennings explained things in simple language that Samantha could understand. Mrs. Jennings' MMPI was within the normal range, but reflected a marked attempt to portray herself as virtuous. She denied depression. There is some indication of mild anxiety, but there is no evidence of any serious emotional difficulty. CHRISTIAN PASQUALI Mr. Pasquali, age 33, has been married to Samantha's mother for almost a year. They met at work two years ago. He claims that Mr. Jennings never showed much interest in Samantha until her mother remarried. He acknowledges that Samantha says she loves her dad and enjoys being with him, but he adds that Mr. Jennings has never had day-to-day responsibility for his daughter. After Samantha returned from her Christmas visit with her father, she was "distrusting." Mr. Pasquali believes that "they worked on her the whole time she was there." He added that it took her three weeks to get back to behaving like her old self. He believes that the stress of the custody litigation is taking its toll. On her last report card Samantha's teacher wrote that she daydreams a lot. I asked him about Mr. Jennings' allegation that Samantha wanders around the apartment in the middle of the night. Mr. Pasquali said that was unlikely, since he is a light sleeper and would have heard her. Mr. Pasquali said that lie and his wife do not talk about Mr. Jennings in Samantha's presence. They try to keep her life as normal as possible. I asked him about the events of 2/3/01. He admitted that he had called Mrs. Ferguson a hag, but t only after she had accused him of beating Samantha. He also said that the Jennings were f Miiiiitt!.. -. ---- Pasquali r. Jennings... Page 15 impatient and rude, and that Mrs. Jennings did shove Mrs. Pasquali. He acknowledged that his wife was emotional, but he also said that Mr. Jennings deliberately presses her buttons. Mr. Pasquali briefly described his personal history. He grew up in Mechanicsburg, the second of three children. His parents are still married to one another. In school he described himself as a "fair" student, an underachiever. After high school he joined the navy and received an honorable discharge in 1988. It took him several years to find a direction in life. He worked as a data entry clerk at Gannett Fleming for a year, then went to college for about a year and dropped out. He worked at pizza restaurants for several years. In 1997 he got a DUI. This seemed to serve as a wake-up call. He stopped drinking and within a year was enrolled as a full- time student at Messiah college, majoring in accounting. He is currently a senior at Messiah college, and will graduate in December. Mr. Pasquali enjoys family life. Samantha calls him "Daddy." No one told her to do so. She spontaneously started addressing him as daddy shortly after he married her mother. Mrs. Pasquali takes care of Samantha's daily routine and personal grooming, but he cooks most of the meals. The family tries to have dinner together most evenings. He works part-time on weekends delivering pizza. I observed Mr. Pasquali in play with Samantha. He joined her on the floor near the sand box. His manner was relaxed and low-key. As they played they engaged in conversation, mainly concerning the objects they were playing with. When Samantha wet her pants he remained calm and took care of the problem unobtrusively. Mr. Pasquali's MMPI was within the normal range, but indicated an attempt to present himself in an overly positive light. He may have some difficulty expressing anger. Although he is sensitive to criticism and his feelings are easily hurt, he is not apt to confront the other person immediately. By the time he does express anger he is apt to overreact. Nevertheless, there is no evidence from the testing or clinical data of any tendency toward violence. Nor is there any indication of serious emotional problems. KAY FERGUSON Mrs. Ferguson is Kathleen Jennings' mother. She lives in a trailer on the Jennings property, but spends much time in the Jennings home. When Samantha visited them, Mrs. Ferguson spent a lot of time with her. During that time she also babysat Matthew, a little boy around Samantha's age. Mrs. Ferguson noticed that when Matthew wouldn't do what Samantha wanted, Samantha would hit him. When Mrs. Ferguson asked her why she hit him, she replied, "He upset me,!' or "He scares me." When she had to discipline Samantha (by talking to her firmly) in the car because she kept smacking Matthew with the seatbelt, Samantha later told her father that Mrs. Ferguson scared her. .. T Pasquali r. Jennings... Page 16 Most of the visit, however, Samantha and "Grandma Kay" got along well. Mrs. Ferguson overheard Samantha playing with Matthew. She said to him, "I get spanked a lottold. Do you get spanked a lot?" She also told him that her mother yells. In addition Samantha Ferguson that Christian spanks really hard and that her mother gets mad a lot and hits and yells. Mrs. Ferguson said that Andrew is a good father, but that he "needs to learn `the child's age plus two' when it conics to lectures." Apparently, he would explain too much and for too long when correcting Samantha, which made her get very quiet and look scared. She remarked that Samantha seems to be a sad child. Mrs. Ferguson has some medical problems: fibromyalgia and ostcoarthritis. She maintains that while her mobility is limited by these, she is able to carry out daily activities and take care of Matthew on a regular basis. She has done graduate work in psychology and used to work as a counselor, specializing in anxiety and panic, which from she herself used to stiffer. TOM AND CARYL YOHG Mr. and Mrs. Yohe are Beth Pasquali's stepfather and mother. Mrs. Yohe said that Samantha was quite well adjusted before Mr. Jennings started the custody litigation. Now she gets upset easily. Samantha was always an emotional child, but recently she has been more so. After a recent weekend visit with her father Samantha didn't want to talk to her mother for a while. She has also had gastrointestinal problems, including vomiting and constipation, which Mrs. Yohe attributes to stress. Mrs. Yohe was explicit in her dislike of Mr. Jennings. She said that he snakes a favorable initial impression, but that he is a "totally self-consumed, me-person." When she went to Arizona to visit after Samantha was born, he spent most of his time upstairs with his computer games. After Samantha's parents split up, Mrs. Yohe went to visit Beth again. During the three weeks she was there she heard Beth on the phone asking Andrew to keep Samantha an extra night or attend a doctor appointment. He refused. Mrs. Yohe believes that the physical distance between Samantha and her father is entirely the fault of her father. She does not hold Samantha's mother responsible in any way. She believes that Beth had no other choice but to move back here. Mrs. Yohe claims that Mr. Jennings' mother furnishes the money for Samantha's child support, because he spends all his money on games and comic books. fie is more interested in playing than in his responsibilities. When Samantha returned from a visit with him she told Mrs. Yohe that she doesn't get into trouble at her father's house because he lets her do whatever she wants. Samantha is very close to her mother. When Mrs. Yohe used to babysit her, Samantha would frequently ask for her mother. Samantha and her mother are always hugging and kissing each other. As for the child's affectionate behavior toward her father, Mrs. Yohe said that she is _: Pasquali r. Jennings... Page 17 friendly and affectionate with everyone. She even told a man cutting down a tree in the yard, "I love you." Mrs. Yohc described Mr. Pasquali as a caring and involved stepfather. He takes Samantha everywhere. lie plays with her constantly and she is always on his lap. During the interview Mr. Yohc didn't say much. When I asked for his input, he mainly expressed agreement with his wife. He too believes that the situation is stressful on Samantha, and that Mr. Jennings is the cause. LETTER FROM DORELL FRANCIS-JENNINGS Mrs.Fmncis- Jennings is Andrew Jennings' mother. She wrote a letter of endorsement for her son. She described him as "a caring and nurturing father, who with his gentle strength provides guidance to this daughter." In addition to praising him, she wrote that she had been present when Samantha repeatedly asked her father, "Daddy, why can't I stay with you and visit Mommy sometimes?" CONCLUSIONS Samantha Jennings, age 5, was brought to Pennsylvania by her mother in February, 1999 from Arizona. Her father has been trying to maintain communication and visitation with her, but claims that her mother has not only undermined but sabotaged his relationship with her. On the surface Samantha is a sociable, verbal child. However, she is somewhat anxious and perceives herself in a mildly negative light. She has been described by the adults with whom I spoke as loving, but bossy and stubborn. Samantha's mother believes she is acting in her daughter's best interest by protecting her from Mr. Jennings' overtures, which she believes are insincere. However, Mrs. Pasquali has deep- seated resentment toward Mr. Jennings and her actions reflect a motive of retaliation. She is continuing to punish him, using Samantha as a weapon. If she continues in this pattern, Samantha will become alienated from her father. Samantha's father believes that he has been unfairly judged and treated by his ex-wife. Nevertheless, he has no compelling reason, other than his work schedule, for not being more involved in Samantha's life when she was living near him. Perhaps he assumed that Mrs. Pasquali would continue to initiate contact between Samantha and him when she moved to Pennsylvania. Pasquali v. Jennings... Page IS Mr. Jennings denies that he told Samantha that he is pursuing custody. Fie did tell her, however, that he has a lawyer who is helping him see more of her. Both parents have amassed a list of grievances against one another, which is common in this type of situation. However, their styles are different. Mr. Jennings relies on facts and documentation. Mrs. Pasquali reports her feelings and impressions. Each parent is mistrustftd of the other, and tends to overreact when Samantha complains about one parent to the other. This is typical in situations where the parents jump to conclusions before checking out the story with one another. It is not surprising that Samantha is closer to her mother than to her father. She has been with her mother most of her life. However, the closeness is not always healthy. As noted earlier, Samantha seems to view her mother as frail and in need of support. When she "gets into trouble" for not doing her chores, she not only feels badly about herself, but she also feels guilty for upsetting her mother. In other words, she feels responsible for her mother's feelings. Mrs. Pasquali has drawn Samantha into her own drama, which generates confusion for the child. Samantha is not afraid of her father, but has told her mother that she is, because that is what she believes her mother wants to hear. Mr. Jennings is more straight-forward in his communication. He has had very little time with his daughter in the past two years. He is very confident that he can be a loving, effective parent, but at this point lie has very little experience. Samantha is aware of her biracial identity. It is important that she maintain a connection with her father and his family. Both parents have done their share of "campaigning" with Samantha. They need to stop it. Neither step-parent presents any concern. Mr. Pasquali and Mrs. Jennings are each supportive of their spouses. There is no evidence that they are trying to exert negative influence on Samantha, nor that they would put her at risk. The maternal grandmother and Mr. Jennings' mother-in-law have polarized opinions about Samantha's parents. That is, the one to whom they are closely related is viewed as wonderful while the other parent is vilified. This is unhealthy for Samantha, since she tries to please everyone, and is bound to become confused when she gets caught up in the conflict. Pasquali v. Jennings... Page 19 RECOMMENDATIONS Regardless of Mrs. Pasquali's fears, Samantha is not in any danger with her father. There is no reason why she should be denied access to him. However, it is not appropriate to remove Samantha from her mother's care at this time. Samantha is quite close to her mother, and although Mrs. Pasquali treats the father with contempt, the child has not been alienated from him. Although Samantha complains about getting into trouble, there is no evidence that she is being physically or mentally abused. it is recommended that the parents share legal custody and that physical custody be shared as follows: Mrs. Pasquali is to have physical custody during the school year. Mr. Jennings is to have physical custody for all but two weeks of the summer, at least 10 days over Christmas vacation and 4 days during spring break. Holidays, long weekends (off school) and birthdays are to be alternated between the parents. Samantha's visits with her father are at his discretion, i.e., whether he prefers to spend them here or in Arizona. Saturday morning phone calls are to be continued during the school year. If, for any reason, Samantha will not be at home, Mrs. Pasquali should call Mr. Jennings (at her own expense) and inform him of an alternate time that same day. • it is also recommended that Samantha have an additional phone call with her father one night during the week. Mrs. Pasquali should put more effort into promoting the relationship between Samantha and her father. The following actions are recommended: 1. She will not refuse gifts for Samantha, nor will she withhold telephone messages. 2. She will encourage Samantha to telephone her father and send him copies of her school work, pictures and other projects. 3. She will arrange to have copies of Samantha's report card sent to him. 4. She will send him at least three photographs (at her own expense) of Samantha at least every eight weeks (except for the months of June, July and August). 5. She will ensure that Samantha sends her father a card on his birthday and on Father's Day. • It is recommended that Mrs. Pasquali attend a minimum of four counseling sessions to address parenting skills. Samantha's reports to me, to her father, and to other people that she is always getting into trouble, suggests that her mother would benefit from learning more effective disciplinary strategies. 6 Neither parent is to talk to Samantha disparagingly about the other parent. Parquali v. Jennings... Page 20 • Her father will promote Samantha's relationship with her mother by the following: 1. He will tell Samantha, "Say hi to your mom" when he says good-bye to her on the telephone. 2. When Samantha is visiting him, she will talk with her mother at least once every three days, but more frequently as site requests. 3. Fie will send at least three photographs of Samantha (at his own expense) taken when she visits hint during the summer and at Christmas. • Samantha is not to be used as a conduit to relay messages (except for greetings) from one parent to the other. The parents need to talk directly to one another, sticking to a business agenda, without going off on accusatory tangents. If they cannot do this, e-mail is acceptable, but will not be as effective. • It is finally recommended that this case be reviewed in 18 months, to evaluate how well the parents are cooperating in raising their daughter. Respectfully submitted, i Afl Pauline Wallin, Ph.D. Licensed Psychologist CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby certify that I served a true and correct copy of the foregoing Pre-Hearing Memorandum, by first-class United States mail, to the following: Arthur K. Dils, Esquire Dils & Rupich 1017 North Front Street Harrisburg PA 17102 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: July _1L., 2001 E Susan Kay Candie qu Counsel for Def nd nr PA I.D. #6499 5021 EastTrin I Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 L7 c n n jai z W uii Ga , o o ? o ? vi a LL 6 a z a o z 8 19 Z? y o h I®?AN _ LAW OFFICE OF SUSAN KAY CANDIELLO, B.S.N., M.S.N., J.D. NURSr•/ATTORNL'Y 5021 EAST TIUNDLE ROAD, SUITE 100, MECHANICSBURG. I ENNSYLV ANI:A 17050 (717) 796.1930 F.-NN (717) 796.1933 w%v"-.skcfundylaa.com wa•askceldcrlaa.com July 12, 2001 The Honorable Edgar B. Bayley Cumberland County Courthouse One Courthouse Square Carlisle PA 17013-3387 RE: Glenwyn Beth Jennings (Pasquali) vs. Andrew Anthony Jennings No. 99-7728 Dear Judge Bayley: Enclosed for your review is the Pre-Hearing Memorandum with regard to the above-referenced matter. Several weeks ago 1 spoke with your secretary regarding Mr. Jennings participating in the hearing via telephone. (Mr. Jennings resides in Tucson, Arizona.) At that time, it was my understanding that your office would initiate the call to Mr. Jennings. His telephone number is 520-319-1480. Thank you for your cooperation in this regard. Please contact me if you have any questions or need any further information prior to the July 23, 2001 hearing. Sincerely, SKC:krh Enclosure cc: Arthur K. Dils, Esquire, w/enc. Andrew A. Jennings, w/enc. MAY 2 9 2001 GLENWYN BETH JENNINGS (PASQUALI), : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 99-7728 ANDREW ANTHONY JENNINGS, : CIVIL ACTION-LAW Defendant :CUSTODY ORDER OF COURT AND NOW, this ?14 day of 2001, upon consideration of the attached Custody Conciliation Summary Re ort, ' is hereby ordered and directed as follows: A hearing is schecri led in Cou room Number a of the Cumberland County Courthouse, on the 3? 0 day of 2001, at 230o'clock -pL.m., at which time testimony will be taken. F the urposes of the hearing, the Father, Andrew Anthony Jennings, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. The hearing shall be limited to the issues of the duration of Father's period of partial custody during summer vacations and the allocation of costs for travel expenses incident to Father's periods of partial custody. Pending further Order of Court it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Glenwyn Beth Jennings (Pasquali) and Andrew Anthony Jennings, shall have shared legal custody of the minor Child, Samantha Elizabeth Jennings, born May 18, 1995. All decisions affecting the Child's growth and development including, but not limited to: choice of camp, if any; choice of daycare provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the minor Child, directly or as beneficiary, other than custody litigation; education both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the Child's best interest. The parents shall keep each other informed of the progress of the Child's education and social adjustments. The parents shall not impair the other's rights to shared legal custody or physical custody of the Child. The parents shall give support to the other in the role as parent and take into account the consensus of the other for the physical and emotional well-being of the Child. While in the presence of the Child, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or No. 99-7728 uncomplimentary to the other parent. It shall be the expressed duty of each parent to uphold the other parent as one whom the Child should respect and love. It shall be the obligation of each parent to make the Child available to the other in accordance with the physical custody schedule and to encourage the Child to participate in the plan hereby ordered. Each parent has a duty to notify the other of any event or activity which could reasonably be expected to be of significant concern to the other parent. With regard to any emergency decisions which must be made, the parent with whom the Child is physically residing at the time shall be permitted to make the decision necessitated by emergency without consulting with the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to- day decisions of a routine nature shall be the responsibility of the parent then having physical custody. The parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority, and copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be the Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. Neither parent shall schedule activities or appointments for the Child which will require their attendance or participation at said activity or appointment during the time when the Child is scheduled to be in the physical custody of the other parent without that parent's expressed prior approval. 2. Mother shall have primary physical custody. Father shall have partial physical custody of the minor Child, for visitation purposes, during the school year. 3. Father shall have primary physical custody and Mother shall have partial physical custody of the minor Child, for visitation purposes, beginning the Sunday after the first full week following the last day of school. The duration of Father's custodial period for summertime shall be determined by a hearing before the Court, and Father's custodial time for the summer 2001 shall commence on June 16, 2001. 4. On Christmas in even-numbered years Father shall have custody for the Christmas holiday beginning the first day after school is out through January 2nd. In odd-numbered years Father shall have custody of the Child for the Thanksgiving holiday beginning the Wednesday evening before Thanksgiving through the second Friday following Thanksgiving Day. In even- numbered years Mother shall have custody of the Child for the Thanksgiving holiday. In even- numbered years Father shall have custody of the Child for the Easter holiday, beginning the day before the Child has vacation from school for Easter holiday through the Friday following Easter Sunday. The Mother shall have custody of the Child for the Easter holiday in odd- numbered years. No. 99-7728 5. Father shall have the ability to contact the Child, using whatever form of communication he chooses, for a maximum of one (1) hour on the Child's birthday. Father shall give Mother one (1) week's notice of the time he is requesting to communicate with the Child and Mother shall cooperate in making the Child available for Father's birthday communication. 6. Father shall have the ability to contact the Child using whatever form of communication he chooses, for a maximum of one (1) hour on Father's Day, in the event that he does not have custody of the Child at that time. Father shall give Mother one (1) week's notice of the time he is requesting to communicate with the Child and Mother shall cooperate in making the Child available for Father's Day communication. 7. Father shall determine at what location he shall enjoy his periods of custody and visitation with the minor Child. In the event that the parties will be exercising a period of custody away from their home for a period of forty-eight hours or more, the parties shall notify the other of the location where they shall be and a telephone number where they can be reached. The parties shall give each other thirty days notice of their intent to exercise any period of custody outside of the continental United States with the Child. 8. Father shall have the option to request a maximum of three (3) telephone calls each week when the Child is in the custody of Mother. When requesting to reschedule or change times for the telephone call, Mother shall consider the time difference between Pennsylvania and Arizona and Father's work schedule. Father shall have the ability to call the Child Fridays at 7:00 p.m. In addition, Father shall have the ability to call the Child Saturdays at 10:00 a.m. and Sunday evenings at 7:00 p.m. When Father and the Child are speaking on the telephone, neither Mother nor Mr. Pasquali or any other individual: shall be present in the same room as the Child; shall listen on any telephone extension; nor shall they in any manner intrude upon the privacy of the Child and her Father. Should either party be unavailable for a scheduled telephone call, the unavailable party shall contact the other party as soon as possible, preferably before and if not immediately after the time for scheduled telephone call, at their own expense. During the telephone calls with Father, the Child may also speak with Mrs. Jennings and/or Mrs. Ferguson. Ms. Dorrell Francis-Jennings may also have telephone privileges with her Granddaughter, Samantha. Mother and all other individuals will provide the same privacy to the Child and her Grandmother during their telephone calls as identified above. 9. Mother shall provide Father with the following information and items during her periods of custody and visitation with the Child: No. 99-7728 A. On or before the 51" of each month, Mother shall, at her own expense, provide Father with examples of the Child's school work, craft items, a minimum of three (3) photographs of the Child, her report card and other projects representative of the Child's activities for the previous month, the Father's Day card for Father's Day and a birthday card for his birthday. 10. Mother shall not interfere, delay and/or prevent Father's telephone calls with the Child, gifts and/or correspondence with the Child, messages to the Child or any other form of communication or sharing with the Child. 11. Mother shall attend a minimum of four (4) counseling sessions to address parenting skills and disciplinary strategies. 12. Father shall provide Mother with the following information and items during his periods of custody and visitation with the Child: A. A maximum of three (3) telephone calls each week the Child is in his custody. Father shall provide the same guidelines for telephone calls as Mother, identified above; B. Three (3) photographs of the Child for each period of custody or visitation he has with the Child. 13. When the Child meets the airline requirements for traveling with an airline provided escort during air travel, and the Child is comfortable flying without one of her parents, the parties may agree to stop traveling with the Child. 14. Parents shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. 15. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. No. 99-7728 BY THE Edgar B. Bayle Dist: Susan Kay Candiello, Esquire, 5021 E. Trindle Road, Suite 100, Mechai Arthur K. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 r ?% GLENWYN BETH JENNINGS (PASQUALI), : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 99-7728 ANDREW ANTHONY JENNINGS, : CIVIL ACTION-LAW Defendant : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samantha Elizabeth Jennings May 18, 1995 Mother 2. A Custody Conciliation Conference was held on May 22, 2001, with the following individuals in attendance: the Mother, Glenwyn Beth Jennings (Pasquali), and her counsel, Arthur K. Dils, Esquire; the Father's counsel, Susan Kay Candiello, Esquire. The Father participated by telephone from where he resides in Arizona. 3. The parties reached an extensive agreement in the form of an Order of attached with the exception of two issues. The parties agreed that there would be a hearing before the Court which scope would be limited exclusively to the two issues unresolved by the parties. Therefore, an Order scheduling a brief hearing before Judge Bayley and reflecting the agreement the parties have reached is attached. In addition, the Custody Evaluation Report, by agreement of counsel, is forwarded in courtesy copied to Judge Bayley. 4. The two issues remaining in dispute between the parties relate to: (1) the duration of the summer period of custody and (2) the responsibility for the sharing of cost of airline transportation to allow Father to exercise his custodial rights. 5. Father's position on the duration of summer custody is that, as per Dr. Wallin's recommendation, he should have custody of the Child for all but the first and last weeks of the summer break from school. He believes that this time is necessary to assist him in developing and maintaining his relationship with the minor Child, especially in light of the geographic distance between them at this time. Father believes that it is appropriate for him to have these weeks in particular because the majority of the year the Child is in the physical custody of Mother while she attends school. No. 99-7728 6. Mother's position on the summer custody is that following the visits with Father the Child is less focused at school, mistrustful, and more aggressive. She also reports the child to be sassy after she has spoken with her Father. Mother reports that the child's sleep is disturbed for a few days following visits with Father. Mother proposes that Father should have only four weeks of the summer vacation, and that one week of summer vacation could be added each year. 7. Airline Ticket Costs. Father's position is that the cost of the airline tickets to allow him to exercise his periods of partial custody approximately three times per year should be shared equally between the parties. He feels this equal sharing is appropriate in light of the fact that it was Mother who chose to relocate the Child at such a great distance from Father and caused the need for the airline transportation. Father also points out that it was he who paid for the entire cost of the custody evaluation and that he flew from Arizona to Pennsylvania on three different occasions to participate in the evaluation done by Dr. Wallin. He estimates that his expenses to pursue this matter thus far have been approximately fifteen thousand dollars. Father works between forty and sixty hours a week at a hospital earning approximately ten dollars per hour. He has remarried and is expecting a new baby to that marriage in the near future. Additionally, he and his new wife have some expenses associated with providing support to his Mother-in-Law. Mother's position on the cost of airline transportation is that the sharing should be proportionate to income and that she cannot afford to share equally in the cost of transportation. She presently plans to work thirty-two hours a week during the summer as a babysitter at the rate of seven dollars per hour. Additionally, Mother receives a six hundred dollar per month stipend from the VA while she is attending Messiah college to become a teacher. Mother states that she is attending school with the assistance of the Office of Vocational Rehabilitation. They are assisting her with this education because she was discharged from the Service as a result of a disabling medical condition which she describes as endometriosis. She reports that as a result of this illness she is unable to stand on her feet for even four hours per day. Mother, too, is remarried but states that her husband is presently attending school full time. 8. A hearing on these two issues should take approximately one hour of the Court's time. It is anticipated that Father shall participate by telephone_ l Date Me issa Peel Greev, Custodv Conciliator Pauline Wallin, Ph.D. Licensed Psvrhnlnn;er & &.YoCiate'y 201 South 32nd Street Camp Ilill, PA 17011 (717)761-1814 FAX (717) 761-1942 I:AIAIL: pwallin0p; onlinc.com CUSTODY EVALUATION REPORT March 28, 2000 Child's Name: Samantha Jennings Birth Date: 5118195 Parents: Andrew Jennings Glenwyn Beth Pasquali Dates of Assessment: January - March 2001 Assessment Procedure • Interviews with Andrew Jennings, Samantha's father • Interviews with Beth Pasquali, Samantha's mother • Interviews with Kathleen Jennings, Samantha's stepmother • Interviews with Christian Pasquali, Samantha's stepfather • Interviews and behavioral observations of Samantha, alone and with each parent or stepparent • Psychological testing Adults: Minnesota Multiphasic Personality Inventory (MMPI) Samantha: Children's Apperception Test (CAT), Drawings • Interview with Kay Ferguson, Mr. Jennings' mother-in-law • Interview with Tom and Caryl Yohe, Mrs. Pasquali's mother and stepfather • Review of records • Interim Court Order, 12/11/2000 • Custody Conciliation Summary report, 12/5/2000 • Correspondence between attorneys • Petitions and orders filed in Arizona regarding this matter Correspondence and a-mails between Mr. Jennings and Mrs. Pasquali • Letter from Dorell Francis-Jennings, Mr. Jennings' mother, regarding his relationship with Samantha Referral: A custody evaluation was ordered by the Court in order to provide information on which to make a decision regarding custody of Samantha. Mr. Jennings has alleged that Samantha's mother unlawfully took her out of Arizona, where they all had been living. Mrs. Pasquali had not allowed Samantha to visit him, until ordered by the Court to do so last December. Mr. Jennings has filed for primary physical custody of Samantha. CONS[ a TA'nON • aVALUXI [ON • PSYCI10111 n8AIT Ill Pasquali V.Jeaaiugs... Page 2 Background Data: Mr. Jennings and Mrs. Pasquali were divorced in 1997. At that time they were both living in Arizona, having recently completed their assignments in the U.S. Air Force. In February 1999 Mrs. Pasquali (then Jennings) brought Samantha to Pennsylvania, where her family lives, Mr. Jennings claims that he thought they were just going for a visit, but Mrs. Pasquali maintains that he knew she was moving here. The parents had joint legal and physical custody, but there was no schedule for access by the parents. Mrs. Pasquali refused to allow Samantha to visit her father, allegedly because he threatened to take her and not bring her back. In August 2000 Mr. Jennings petitioned to the Arizona Court to enforce the joint physical custody order, so that he could see his daughter on a regular basis. Mrs. Pasquali then petitioned to move jurisdiction to Pennsylvania, and for her to retain primary physical custody. By that time, Samantha had been in Pennsylvania for a year and a half, and the Arizona Court deferred jurisdiction to Pennsylvania The parents do not communicate well with one another. Most of their recent communication has been between their attorneys. It is also noted that the parents are of different races: Mr. Jennings is black and Mrs. Pasquali is caucasian. Neither parent has claimed that race is a major issue in their disagreements with one another. ANDREW JENNINGS Interview Data Mr. Jennings, age 29, arrived promptly for his appointments. He resides in Tucson, Arizona, but flew up on three occasions to meet with me and to visit with Samantha. He was neatly groomed and casually dressed. He was friendly, with good social skills, and spoke in a well-modulated voice. He came to our first meeting with a briefcase full of documents pertaining to his case. He said that he has been trying to visit with his daughter ever since her mother took her to Pennsylvania in February, 1999. When she left, she had allegedly told him that she was going to visit her dying grandmother. (She denies having said this.) When she didn't return, he tried to maintain a relationship with his daughter through phone calls and gifts. However, Mrs. Pasquali undermined his relationship with her by not allowing him to talk to Samantha, by not giving her Pasquali v. Jennings... Page 9 the gifts and cards that he sent, and by refusing to allow her to visit him. She also allegedly made derogatory comments to Samantha about him, which Samantha later repeated to him. Mr. Jennings is especially concerned that Samantha's emotional and physical welfare is in jeopardy. She told him that she wanders around the apartment at night when her mother and stepfather are asleep. She said that she gets yelled at and spanked a lot by her mother and stepfather, and that her stepfather "spanks hard." When she visited him last December, he observed her hitting her dolls and hitting a little boy that his mother-in-law takes care of. In addition to the spanking, he is concerned about Mrs. Pasquali's morals. After they had separated she lived with two different men before marrying her current husband, and he believes she may have had other relationships as well. Mr. Jennings believes that Mrs. Pasquali is not acting in Samantha's best interests. He believes that Mrs. Pasquali is deliberately interfering with his ability to develop a relationship with his daughter. In addition to the allegations stated above, he has documentation that she told Samantha that she is better off without him. Mr. Jennings focussed much of his conversation on Mrs. Pasquali, and on his frustrations with her. Prior to the Court setting up a regular time when he would call and speak to Samantha on Saturdays, he would call and leave messages at various times. Mrs. Pasquali refused to have Samantha call him back, ostensibly because she couldn't afford long-distance phone calls. Mr. Jennings invited her to call him collect, but she did not do so, even on Father's Day. He said that he and Mrs. Pasquali had agreed, in November, 1999 that Samantha would visit him the following May. (Either he or his mother would fly out with her.) However, Mrs. Pasquali later changed her mind, telling him she didn't want her daughter visiting him at all. Mr. Jennings is also frustrated by Mrs. Pasquali's general attitude toward him. He describes her as rude and disrespectful, resorting to profanity and name calling in Samantha's presence. During one of his recent visits, when he was to bring Samantha on a Saturday morning (2/2/01) to an appointment with me, he arrived without her. He told me that Mr. and Mrs. Pasquali had refused to allow Samantha to go with him. Apparently Mrs. Pasquali did not believe that Samantha had an appointment with me, because she did not recall my having informed her. She then called my office to confirm the appointment, but I had not yet arrived, so her call was taken by the answering service. During the exchange between the Jennings and the Pasqualis, Mr. Jennings reported that both Mr. and Mrs. Pasquali were yelling at him, his wife and his mother-in-law. Mr. Pasquali called his mother-in-law a "hag" in front of Samantha. Mrs. Jennings reportedly took Samantha to her car, but Mrs. Pasquali shoved her away and removed her daughter from the car, and called the police. When the police came, they told Mr. Jennings that unless he had a court order, he had to leave without his daughter. PaTtledi V. Jennings.. Page J Later, at my office, 1 tried to call Mrs. Pasquali, but there was no answer. I called her attorney, but she eventually brought Samantha to my office on her own. The Pasqualis have a slightly different version of what happened that morning, which I will describe later in this report. Mr. Jennings believes that Samantha will be better off in his custody, because he will not try to keep her from her mother. She will also be with a parent who resembles her racially, and he wants her to feel connected to her Jamaican heritage. Mr. Jennings lives in a house in a more suburban setting, where Samantha can play outside. Her mother lives in an apartment above a store on a main street. In addition, his mother-in-law, who lives in a trailer on his property, will be available to take care of Samantha when she is not in school and when he and his wife are at work. When Samantha is with him, she is reportedly happy. She has never asked to call her mother. When he suggests that she call her mother, Samantha says she doesn't want to. When it's time to return to her mother, Samantha is reluctant to go. He believes that Samantha "is destined for greatness" and he wants to help foster that destiny. Personal History Mr. Jennings grew up in Queens and The Bronx, New York. His parents were divorced when he was eight years old. He and his older sister were raised by their mother, whom he describes as a "very strong woman." He described himself as a "very challenging child" and is grateful to his mother for the strong discipline that she used. His father, who had been physically abusive to his mother, has since "changed his ways." . <. Young Andrew did not hang out with gangs. He didn't smoke or drink or get into legal trouble, but he took physical challenges and had no sense of danger. He would experiment with things. j' For example, once he made his own chemistry kit. In school he was a good student and skipped second grade. At age 14 he decided he wanted to enlist in the Air Force and become a pilot. To prepare for this dream, he attended a special high school where he learned airplane mechanics. After high school he enlisted in the service, but in Basic Training he learned that he was ineligible to become a pilot, because he had a red/green perceptual deficiency. Nevertheless, he decided to make the best of his four years there. He was picked for an elite drill team - the Honor Guard - which performed at weddings, parades and funerals. "We looked good," he told me. He also received awards: the Elite Honor Guard of the month, and the Elite Honor Guard of the quarter. "This proved I was the best of the best," he said. "It was a lot of discipline, but I learned discipline was an important part of my life." t Posquali v. Jennings... Page 5 He met Beth at a barracks party just before the Gulf War. When most of their friends were sent overseas, they turned to each other for comfort. In retrospect, he realizes that he never "fell in love with her. The marriage had rocky beginnings. They were both only 20 years old when they married. Prior to their marriage Beth had "pretended" to like everything he did, including music, TV shows, etc. After a month of marriage he found out that she didn't share his interests. He also said that she was selfish and needy. She reportedly resented his going out with his friends, and expected him to spend all his free time with her. He had hoped that the birth of Samantha would bring them closer together, but things only got worse. Beth kept threatening divorce. He finally got tired of her threats and filed for divorce himself. Mr. Jennings described his work history. Except for his military service, in which he ran the commissary, most of his work has been in hospitals. He currently processes admissions in an emergency room. His work hours are 12:00 noon to 8:00 p.m. He is in good health. He drinks alcohol infrequently, on social occasions. Psychological Testing Mr. Jennings approached the MMPI in a highly defensive manner, minimizing problems and denying even socially acceptable shortcomings. This is consistent with his interviews, in which he made frequent reference to the importance of impression and appearance. It is important for him to appear competent and in control. The clinical scales were well within the normal range. There was no evidence of depression, anxiety, or problems with normal thought processing. There was no indication of any tendency toward overly aggressive or violent behavior. There was some evidence that he tends to avoid conflict. When he becomes annoyed or upset with someone close to him, he is not apt to confront the person directly. Instead, he is more likely to express his feelings in roundabout ways, such as through silence or other passive aggressive behavior. He may even deny having angry feelings when questioned about his behavior. Behavioral Observations with Samantha Mr. Jennings was at ease with his daughter. He enthusiastically joined her in play on the floor. He was quite animated and verbal, talking to her continually during their time together. He F....': . Pasquali v. Jenaingr... Page 6 would comment on what she was doing, and would ask her questions, usually of an educational nature. e.g., "What kind of animal is that?" Father and daughter played with sand during the first play session. During this time, his comments and questions were of a factual nature. During their second play session, Samantha chose more fantasy role-playing. He was equally enthusiastic and adept at participating on her level. When Samantha was struggling to put Legos together to make something for their fantasy play, he waited a couple of minutes before asking her if she needed help. For the most part, Mr. Jennings allowed Samantha to direct the play. However, he did set some limits, such as cautioning her not to overload the shovel with sand, and telling her not to take the clothes off one of the toy bears. When she did remove the mother bear's apron, he took the bear from her and reattached the apron. When Mr. Jennings saw how much Samantha enjoyed playing with sand, he promised to get her a sandbox to play with when she comes to visit. In summary, Mr. Jennings was quite at ease with Samantha. He readily engaged in play, but also took charge when necessary. GLENWYN BETH PASQUALI Mrs. Pasquali, who uses the first name Beth, took several weeks to set up an appointment with me. When I later asked her about this, she replied she hadn't known that she was to call me. Once she became involved in the evaluation process, she arrived promptly for her appointments. She was casually dressed and neatly groomed. She was soft-spoken and maintained good eye contact, but she seemed a bit melancholy in her tone and manner. Just as Mr. Jennings had devoted most of his interview time to criticizing her, she likewise dwelled on how he had made her life miserable. She said that while they were living in Arizona he never paid much attention to Samantha. Shortly after Samantha's birth, he was more interested in going out with his friends and playing Dungeons and Dragons, than being with her. When they separated, he saw Samantha only one day per week. When Samantha was sick, he wouldn't inconvenience himself to take time off work to care for her. "I've tried very hard to let him be a parent," Mrs. Pasquali said. After she and Samantha moved to Pennsylvania, his phone calls were sporadic. Then, all of a sudden last August, he started taking an interest in Samantha. First he said that he wanted to see more of her. Then Mrs. Pasquali received papers indicating that he was trying to get custody. Pasquali v. Jenningv... Page 7 Mrs. Pasquali made it clear that she does not like and does not trust Mr. Jennings, When talking about him she referred to him as "Mr. Jennings." When I asked her why she did this, she replied, "It helps distance me from him." She regards Mr. Jennings as an intrusion on her and her family. While he seems interested in Samantha now, she is concerned that he may just as suddenly lose interest. Mrs. Pasquali is now happily remarried, and Samantha loves her stepfather. She doesn't mind Mr. Jennings calling or visiting his daughter occasionally, but Samantha belongs with her family here in Pennsylvania. Mrs. Pasquali herself was raised by a stepfather, and regards him as her dad. She doesn't feel she missed much when her own father abandoned the family. Mrs. Pasquali believes that she is better able to take care of Samantha. "I'm the only stable, consistent person that's been in her life every day," she said. She contends that Mr. Jennings does not know Samantha. He puts his own needs ahead of hers. In Arizona he allowed her to watch violent TV shows. Samantha never expressed any interest in her father until he started calling all the time. And contrary to Mr. Jennings' claims that Samantha enjoys her visits with him, the child told Mrs. Pasquali that she was scared when she was there. She said that they made her hug Mrs. Jennings' mother, and she didn't want to. She added that she wanted to call her mother, but that her father wouldn't let her. Samantha told her mother that she wants to continue to see her father, but that he should come here to visit her. Mrs. Pasquali discussed her departure from Arizona. She had wanted to move back to Pennsylvania in 1996, but at that time didn't want to take Samantha away from her father. However, when he showed minimal interest in the child, Mrs. Pasquali decided to move here because she missed her family. Contrary to Mr. Jennings' contention that he didn't know she wasn't going to return to Arizona, she claims that he did know. He helped her pack the truck, and did not even want to keep any of Samantha's toys. Mr. Jennings reportedly plays "a lot of conflicting parent games." For example, when he's on the phone with Samantha, he says, "Your mommy doesn't always tell the truth." (She listens in on all their phone calls.) He also reported',; talks to Samantha about the court proceedings, which Mrs. Pasquali believes is entirely inappropriate. The fact that Samantha is affectionate toward her father, his wife and his mother-in-law, was dismissed by Mrs. Pasquali. She said that Samantha is affectionate toward everyone. I asked Mrs. Pasquali why she had refused to allow Samantha to visit her father until the Court ordered it. She replied that in the past Mr. Jennings had threatened to take Samantha and not bring her back. Therefore, she felt compelled to protect her daughter. Moreover, Mrs. Pasquali believes that Samantha is too young to be traveling across the country. I asked Mrs. Pasquali about the events on the morning of February 3, when she refused to allow Samantha to come with her father to an appointment at my office. Mrs. Pasquali said that Mrs. Pasquali r. Jamings... Page 8 Jennings had been rude to her and shoved her (which Mrs. Jennings denies.) Mrs. Pasquali did not know Kathleen Jennings nor her mother, and didn't know what they "would do to Samantha." Mrs. Pasquali said that she just had a feeling that Samantha wouldn't be safe with them. Mrs. Pasquali's dramatic reaction to the Jennings' visit reflects her opposition to encouraging a relationship between Samantha and her father. When Mr. Jennings came in for the weekend of 2/2/01 and picked up Samantha on Friday morning, Mrs. Pasquali insisted that he bring her back that afternoon rather than keeping her overnight. Later I learned from Samantha that this was because she had a play date. On 2/23/01 when Samantha was scheduled for an appointment with her father at my office at noon, Mrs. Pasquali called around 9:00 a.m. She said that because it had snowed, school was delayed, and Samantha's kindergarten schedule had been extended to later, such that she would miss school if she came to the appointment as scheduled. Mrs. Pasquali requested postponing the visit to later. When I told her that was not possible, she argued that Samantha had already had two unexcused absences, and could not afford any more. I assured Mrs. Pasquali that I would provide a note for the school, but she continued to protest. It was apparent that the issue was not merely Samantha's missing an hour of school. Mrs. Pasquali says that she and Samantha are very close. They read and play games together, go to the park and visit friends and family. She acknowledged that Samantha can be bossy or stubborn at times, and that she needs to be disciplined. She said that she tries redirecting Samantha, and, if that doesn't work, she uses time-outs or revokes privileges. She also spanks Samantha on the bottom if her physical safety is at risk. Samantha has trouble getting up and getting going in the morning because she "dilly-dallies." She also sometimes doesn't finish her work at school or her chores at home. Mrs. Pasquali has to keep saying to her, "Samantha, did you brush your teeth?" "Are you doing what you're supposed to be doing?" etc. Recently, she learned that it helps to set the timer in order to get Samantha to hurry up. Mrs. Pasquali claims that she allows Samantha to call her father whenever she wants, but that Samantha does not ask to call him. On a form that I give parents to fill out I noted that Mrs. Pasquali had not answered the questions, "What is your major weakness as a parent?" and "What is the best characteristic of the other parent.?" I later asked her about this. She said she couldn't think of anything to write in response to those questions. She couldn't think of anything lacking in her parenting. She always reads parenting articles in magazines, makes sure that Samantha has a good diet and doesn't watch too much TV. "We're very much joined, connected," she said. "I don't know that that is a weakness," she added. Currently Mrs. Pasquali and her husband are full-time students. She takes Samantha to the day care program at HACC while she is in class. She also works part-time in a hospital as an aide. l'aryuali r. Jennings... Page 9 Personal History Beth Pasquali grew up in New Cumberland, the youngest of three children. Her parents divorced when she was two or three years old. Her mother remarried her stepfather when she was eight. Mrs. Pasquali doesn't know her biological father, since he wasn't involved in the family. She said that "he lives around here somewhere," but that she has no contact with him. She describes her mother as very talkative and friendly, and her stepfather as warm, emotional and "very lovey. " In school she described herself as a "geek." Academically she was a B student. She was quiet and "didn't do the `in' thing." In eighth grade she started taking karate lessons and eventually earned her black belt. She was also involved in horseback riding and the youth group at church. She became interested in the military when her high school boyfriend signed up. She enlisted in the Air Force so that she could eventually use the GI Bill to pay for college. While in the service she worked in the pharmacy. During that time she was quite homesick and talked to her family frequently. When she met Andrew Jennings she found him personable, outgoing and fun. In retrospect she realizes that they married too young and that he wasn't ready to have a family. In 1993 they left the service and moved to Mr. Jennings' mother's place in New York. Because she couldn't find work there, she went to stay with her parents in New Cumberland. She worked part-time in a hospital pharmacy and also a clothing store. She saw Mr. Jennings on weekends. After a year, when he decided he didn't like his job, they moved back to Arizona. She then found out that she was pregnant. She was quite sick during the first half of her pregnancy. Mr. Jennings moved out in January, 1996, when Samantha was eight months old. The divorce became final in May, 1997. After the divorce she dated two men in Arizona: the first for a few months and the second for two years. She lived with the latter for about six months. He was going to follow her to Pennsylvania after she moved back here, but the relationship fizzled once they were geographically separated. She met Christian Pasquali while working at Merck-Medco. She found him friendly and family- oriented. He is also a "homebody" like herself. He "doesn't need to be always going somewhere." She currently lives a quiet life, She does not drink or smoke. Her health is good except for endometriosis. She received a medical discharge from the Air Force for this condition. Pasiuali r. Jennings... Page 10 Psychological Testing Mrs. Pasquali approached the MMPI in a defensive manner, which is typical in this type of situation. The profile was within the normal range, with no evidence of depression, anxiety or problems with thinking or concentration. There was some indication of interpersonal difficulties. Although she tries to maintain a cheerful front, she harbors resentment and hostility. She tends to provoke anger from others via passive-aggressive behavior, and then to perceive herself as a victim of unjust treatment. There was no evidence of tendency toward overly aggressive or violent behavior. Behavioral Observations with Samantha While Mrs. Pasquali was soft-spoken with me, when I observed her with Samantha she spoke almost in a whisper. This may reflect a kind of intimacy that she wanted to project. It was certainly a contrast to what Samantha told me about her mother yelling at her at home. In their initial play session together Samantha took the toy doctor kit from the shelf. Her mother adopted the role of a frightened patient with a belly ache, pleading, "Please, doc, not today," when Samantha pulled out the toy hypodermic needle. Mrs. Pasquali was quite dramatic as she cried softly while Samantha prepared to give her a shot. Afterwards she asked Samantha if she should be sick again, or whether Samantha wanted to play the sick role. Throughout their session, the mother spoke in melancholy tones. In their second play session Mrs. Pasquali engaged in fantasy play with Samantha. In several of her exchanges she used negatively charged emotional words. For example when trying on a mask she said, "I'm scared." When Samantha decided to use a Big Bird figure to make chicken soup, her mother commented, "It makes me sad." Such comments, as well as those while playing doctor in the previous session, elicited sympathetic responses from Samantha. Mrs. Pasquali was comfortable in her interactions with Samantha. In general she followed Samantha's lead in play, while offering occasional suggestions. I did not observe any opportunity for her to exercise discipline in my presence. SAMANTHA JENNINGS Interviews and play observations Samantha is an outgoing, talkative youngster. She separated readily from the adults accompanying her to join me in the playroom. She was quite distractible as she explored the playroom, picking up one object after another. However, when I asked her to sit down and draw Pasquali v. Jennings... Page l / some pictures, she complied. While drawing she said, "I was kind of nervous about coming here." When I asked why, she replied, "I thought it was form making me go back there." (referring to Arizona.) During a story-telling task, Samantha digressed to talk about her father. She referred to him as "Andrew" on that occasion (but on other occasions she referred to him and called him "Daddy.") She said that her mom doesn't like Andrew. "She thinks he's a bad person. I think he's a good person. She's a bad person because she tells lies about him." When I asked Samantha who told her about that, she replied, "Andrew." On the morning of 2/3/01 after the altercation between the Pasqualis and the Jennings, I asked Samantha what happened. She said that her mother and stepfather were yelling, but that she didn't hear her father or stepmother yelling. She said that Mr. Pasquali had called Mrs. Ferguson (mother of Mrs. Jennings) bad names. Samantha explained that her mother didn't want her to come to see me that day "because she loves me." She added that her mother is afraid that her father will steal her. However, Samantha denied that she, herself was afraid of that. In fact, that morning, in contrast to the previous day, she said that she wanted to live in Arizona with her father. On another day, when I asked her first how she'd feel if thejudge said she was going to live with her father, she answered, "I'd like that." When I asked her how she'd feel if the judge said she was going to live with her mother, she replied, "I'd like that too." From her interview and play data it is clear that she feels close to both parents. During some of the play sessions I invited Samantha to make a wish with a "magic" wand. She wished that she could fly, that she was a cat, that she could have candy all the time, and she also wished that she wouldn't get into trouble so much. I asked her to tell me more about her getting into trouble. She said that she gets into trouble for "lots of things." That morning her mother yelled at her because she hadn't made her bed. She said that she is always late in the morning because "I fall back asleep." One of Samantha's favorite activities in the playroom was to play with sand. Children generally find sand very soothing. Samantha used the sand as a base for her fantasy play as well. Samantha engaged readily in play with all the adults. When she went to bring her father or her stepmother up to the playroom, she led them by the hand. While playing with the sand, Samantha was very verbal. She asked all sorts of questions about sand and about creatures that live in the ocean. She also stopped to ask Mrs. Jennings (who is pregnant) if she was tired. When Mrs. Jennings replied that site was a little tired, Samantha asked "Why?" Mrs. Jennings answered that the baby is growing. With her mother Samantha was especially caring. During their role play in which her mother pretended to be sick, Samantha was gentle and tender. When they reversed roles, Samantha Pasquali v. Jennings... Page l2 imitated what her mother had done. When they played with the sand, Samantha pretended to prepare some special "tomato soup" for her mother. In general, Samantha's behavior and demeanor during play reflected that of the adult who accompanied her. Thus, with her mother she was subdued and gentle. With her father, who exuded more enthusiasm, she was animated and talkative. She seemed less serious with her father than with her mother. With her stepfather Samantha seemed relaxed. She called him "Dad." She enjoyed burying objects in the sand and having him find them. In this session her play took on a somber theme. She pretended that there was a sandstorm and that the people were trapped. A snake pulled some of them out of the sand, but "the other guys got knocked in and got buried." This theme may reflect Samantha's own anxiety about being overwhelmed by the parental forces tugging on her. It must have set off an emotional reaction, because a couple of minutes later Samantha announced that she had to go to the bathroom. A few seconds later she said, "I think I had an accident." She had wet her pants. She showed no embarrassment about this. Mr. Pasquali said this had never happened before. When Samantha played with her stepmother she conversed and asked many questions. She pretended to call her on the toy telephone. Most of Samantha's play with Mrs. Jennings, however, was of a factual nature rather than fantasy role-playing. Drawings and projective testing Samantha's first drawing was of herself. She selected a brown marker, "because I'm brown," she explained. This indicates that she has formed a racial identity. Her drawing was developmentally appropriate for her age. I then asked her to draw her family, with each person doing something. She drew herself, her mother, her stepfather and her father. None of the figures looked as if they were engaged in any activity, but Samantha pointed to each one and described them: She was jumping; her mother was falling down because she was dizzy; her stepfather was waving and her father was "just sittin' there." It is apparent that she does not yet have a good sense of who her father is. It is also apparent that she perceives her mother as frail. I administered the Children's Apperception Test (CAT). This is a series of pictures, each depicting animals in various situations. The child is asked to tell a story about each picture. The resulting stories reflect how the child views herself and her world. Samantha's stories revealed themes of unresolved conflict between parents, anxiety over uncertainty, and separation from parents. These are all issues that Samantha is currently dealing with. She also depicted themes Pasyuali v. Jennings... Page 13 of getting into mischief, and of having to learn to share. There was no evidence of depression or other serious emotional problems. KATHLEEN JENNINGS Mrs. Jennings, age 31, has been married to Samantha's father for almost a year. She described him as a "wonderful father": loving and caring; strict, but in a positive way. She said that Samantha loves to cuddle up to him and wants to be with him "every second." Although Mrs. Pasquali reported that Samantha had told her that her father and stepmother would not let her call when she was visiting them, Mrs. Jennings said that Mrs. Pasquali called several times a day, leaving messages on the answering machine. They didn't return calls because they were out doing things all day, and when they arrived home Samantha didn't care to call her back. "I just talked to her," Samantha reportedly said. "Why is she calling me?" During Samantha's visit over Christmas, she told Mrs. Jennings that her mother said she had to change her last name to Pasquali so that she would "belong." She also said that her father wanted to kidnap her. When it was time to go home Samantha didn't want to leave. Mrs. Jennings was open about her contempt for Samantha's mother. She criticized her for using Samantha as a possession, for allegedly telling the child that she doesn't need to see Andrew because she has a new daddy now, and especially for her behavioral display on the Saturday morning when she refused to allow Samantha to go with her father to my office, insulted her mother, and physically attacked Mrs. Jennings. Mrs. Jennings said that she prays for Samantha every day, and hopes that the tug of war between the parents will soon end. She described her own childhood. She was born in San Diego. Her parents were never married, but her mother married her stepfather when she was two years old. There was periodic turmoil in the family. Her step-siblings were suddenly taken away by their mother one day. Her brother was abducted by his biological father. The family took in dozens of foster children over the years, which Mrs. Jennings recalls as a not unpleasant experience for her as a child. In school, Kathleen was a good student. She took accelerated classes and graduated from high school at 15. She described herself as very obedient. "I did everything by the book," she said, because she didn't want to disappoint her parents. She attended community college first in Las Vegas, where the family was living at the time, and later in Washington state. Pasquali v. Jennings... Page 14 She was married once before, for eight years. The marriage broke up because her husband was unfaithful. Her work history has included office work and emergency medical technician. She met Mr. Jennings, when she brought patients to the hospital where he worked. Most recently she has worked in a veterinary clinic. She is currently on leave from thatjob because of medical problems during her pregnancy. I observed Mrs. Jennings in interaction and in play with Samantha. She was warm and affectionate, but not overbearing. She allowed Samantha to direct the play. Samantha asked questions such as, "Will you teach me about sand? About how it's made?" and "Where do these shells come from?" Mrs. Jennings explained things in simple language that Samantha could understand. Mrs. Jennings' MMPI was within the normal range, but reflected a marked attempt to portray herself as virtuous. She denied depression. There is some indication of mild anxiety, but there is no evidence of any serious emotional difficulty. CHRISTIAN PASQUALI Mr. Pasquali, age 33, has been married to Samantha's mother for almost a year. They met at work two years ago. He claims that Mr. Jennings never showed much interest in Samantha until her mother remarried. He acknowledges that Samantha says she loves her dad and enjoys being with him, but he adds that Mr. Jennings has never had day-to-day responsibility for his daughter. After Samantha returned from her Christmas visit with her father, she was "distrusting." Mr. Pasquali believes that "they worked on her the whole time she was there." He added that it took her three weeks to get back to behaving like her old self. He believes that the stress of the custody litigation is taking its toll. On her last report card Samantha's teacher wrote that she daydreams a lot. I asked him about Mr. Jennings' allegation that Samantha wanders around the apartment in the middle of the night. Mr. Pasquali said that was unlikely, since he is a light sleeper and would have heard her. Mr. Pasquali said that he and his wife do not talk about Mr. Jennings in Samantha's presence. They try to keep her life as normal as possible. I asked him about the events of 2/3/01. He admitted that he had called Mrs. Ferguson a hag, but only after she had accused him of beating Samantha. He also said that the Jennings were Pasquali %. Jeaniugs... Page IS impatient and rude, and that Mrs. Jennings did shove Mrs. Pasquali. He acknowledged that his wife was emotional, but he also said that Mr. Jennings deliberately presses her buttons. Mr. Pasquali briefly described his personal history. He grew up in Mechanicsburg, the second of three children. His parents are still married to one another. In school he described himself as a "fair" student, an underachiever. After high school he joined the navy and received an honorable discharge in 1988. It took him several years to find a direction in life. He worked as a data entry clerk at Gannett Fleming for a year, then went to college for about a year and dropped out. He worked at pizza restaurants for several years. In 1997 he got a DUI. This seemed to serve as a wake-up call. He stopped drinking and within a year was enrolled as a full- time student at Messiah college, majoring in accounting. He is currently a senior at Messiah college, and will graduate in December. Mr. Pasquali enjoys family life. Samantha calls him "Daddy." No one told her to do so. She spontaneously started addressing him as daddy shortly after he married her mother. Mrs. Pasquali takes care of Samantha's daily routine and personal grooming, but he cooks most of the meals. The family tries to have dinner together most evenings. He works part-time on weekends delivering pizza. I observed Mr. Pasquali in play with Samantha. He joined her on the floor near the sand box. His manner was relaxed and low-key. As they played they engaged in conversation, mainly concerning the objects they were playing with. When Samantha wet her pants he remained calm and took care of the problem unobtrusively. Mr. Pasquali's MMPI was within the normal range, but indicated an attempt to present himself in an overly positive light. He may have some difficulty expressing anger. Although he is sensitive to criticism and his feelings are easily hurt, he is not apt to confront the other person immediately. By the time he does express anger he is apt to overreact. Nevertheless, there is no evidence from the testing or clinical data of any tendency toward violence. Nor is there any indication of serious emotional problems. KAY FERGUSON Mrs. Ferguson is Kathleen Jennings' mother. She lives in a trailer on the Jennings property, but spends much time in the Jennings home. When Samantha visited them, Mrs. Ferguson spent a lot of time with her. During that time she also babysat Matthew, a little boy around Samantha's age. Mrs. Ferguson noticed that when Matthew wouldn't do what Samantha wanted, Samantha would hit him. When Mrs. Ferguson asked her why she hit him, she replied, "He upset me," or "Ile scares me." When she had to discipline Samantha (by talking to her firmly) in the car because she kept smacking Matthew with the seatbelt, Samantha later told her father that Mrs. Ferguson scared her. rnsquali r. Jennings.., rage 16 Most of the visit, however, Samantha and "Grandma Kay" got along well. Mrs. Ferguson overheard Samantha playing with Matthew. She said to him, "I get spanked a lot. Do you get spanked a lot?" She also told him that her mother yells. In addition Samantha told Mrs. Ferguson that Christian spanks really hard and that her mother gets mad a lot and hits and yells. Mrs. Ferguson said that Andrew is a good father, but that he "needs to learn `the child's age plus two' when it comes to lectures." Apparently, he would explain too much and for too long when correcting Samantha, which made her get very quiet and look scared. She remarked that Samantha seems to be a sad child. Mrs. Ferguson has some medical problems: fibromyalgia and osteoarthritis. She maintains that while her mobility is limited by these, she is able to carry out daily activities and take care of Matthew on a regular basis. She has done graduate work in psychology and used to work as a counselor, specializing in anxiety and panic, which from she herself used to suffer. TOM AND CARYL YOHE Mr. and Mrs. Yohe are Beth Pasquali's stepfather and mother. Mrs. Yohe said that Samantha was quite well adjusted before Mr. Jennings started the custody litigation. Now she gets upset easily. Samantha was always an emotional child, but recently she has been more so. After a recent weekend visit with her father Samantha didn't want to talk to her mother for a while. She has also had gastrointestinal problems, including vomiting and constipation, which Mrs. Yohe attributes to stress. Mrs. Yohe was explicit in her dislike of Mr. Jennings. She said that he makes a favorable initial impression, but that he is a "totally self-consumed, me-person." When she went to Arizona to visit after Samantha was born, he spent most of his time upstairs with his computer games. After Samantha's parents split up, Mrs. Yohe went to visit Beth again. During the three weeks she was there she heard Beth on the phone asking Andrew to keep Samantha an extra night or attend a doctor appointment. He refused. Mrs. Yohe believes that the physical distance between Samantha and her father is entirely the fault of her father. She does not hold Samantha's mother responsible in any way. She believes that Beth had no other choice but to move back here. Mrs. Yohe claims that Mr. Jennings' mother furnishes the money for Samantha's child support, because he spends all his money on games and comic books. He is more interested in playing than in his responsibilities. When Samantha returned from a visit with him she told Mrs. Yohe that she doesn't get into trouble at her father's house because he lets her do whatever she wants. Samantha is very close to her mother. When Mrs. Yohe used to babysit her, Samantha would frequently ask for her mother. Samantha and her mother are always hugging and kissing each other. As for the child's affectionate behavior toward her father, Mrs. Yohe said that she is Pasquali v. Jennings... Page / 7 friendly and affectionate with everyone. She even told a man cutting down a tree in the yard, "I love you." Mrs. Yohe described Mr. Pasquali as a caring and involved stepfather. He takes Samantha everywhere. He plays with her constantly and she is always on his lap. During the interview Mr. Yohc didn't say much. When I asked for his input, he mainly expressed agreement with his wife. He too believes that the situation is stressful on Samantha, and that Mr. Jennings is the cause. LETTER FROM DORELL FRANCIS-JENNINGS Mrs.Francis- Jennings is Andrew Jennings' mother. She wrote a letter of endorsement for her son. She described him as "a caring and nurturing father, who with his gentle strength provides guidance to this daughter." In addition to praising him, she wrote that she had been present when Samantha repeatedly asked her father, "Daddy, why can't I stay with you and visit Mommy sometimes?" CONCLUSIONS Samantha Jennings, age 5, was brought to Pennsylvania by her mother in February, 1999 from Arizona. Her father has been trying to maintain communication and visitation with her, but claims that her mother has not only undermined but sabotaged his relationship with her. On the surface Samantha is a sociable, verbal child. However, she is somewhat anxious and perceives herself in a mildly negative light. She has been described by the adults with whom 1 spoke as loving, but bossy and stubborn. Samantha's mother believes she is acting in her daughter's best interest by protecting her from Mr. Jennings' overtures, which she believes are insincere. However, Mrs. Pasquali has deep- seated resentment toward Mr. Jennings and her actions reflect a motive of retaliation. She is continuing to punish him, using Samantha as a weapon. If she continues in this pattern, Samantha will become alienated from her father. Samantha's father believes that he has been unfairly judged and treated by his ex-wife. Nevertheless, he has no compelling reason, other than his work schedule, for not being more involved in Samantha's life when she was living near him. Perhaps he assumed that Mrs. Pasquali would continue to initiate contact between Samantha and him when she moved to Pennsylvania. Pasquali v. Jennings... Page 18 Mr. Jennings denies that he told Samantha that he is pursuing custody. He did tell her, however, that he has a lawyer who is helping him see more of her. Both parents have amassed a list of grievances against one another, which is common in this type of situation. However, their styles are different. Mr. Jennings relies on facts and documentation. Mrs. Pasquali reports her feelings and impressions. Each parent is mistrustful of the other, and tends to overreact when Samantha complains about one parent to the other. This is typical in situations where the parents jump to conclusions before checking out the story with one another. It is not surprising that Samantha is closer to her mother than to her father. She has been with her mother most of her life. However, the closeness is not always healthy. As noted earlier, Samantha seems to view her mother as frail and in need of support. When she "gets into trouble" for not doing her chores, she not only feels badly about herself, but she also feels guilty for upsetting her mother. In other words, she feels responsible for her mother's feelings. Mrs. Pasquali has drawn Samantha into her own drama, which generates confusion for the child. Samantha is not afraid of her father, but has told her mother that she is, because that is what she believes her mother wants to hear. Mr. Jennings is more straight-forward in his communication. He has had very little time with his daughter in the past two years. He is very confident that he can be a loving, effective parent, but at this point he has very little experience. Samantha is aware of her biracial identity. It is important that she maintain a connection with her father and his family. Both parents have done their share of "campaigning" with Samantha. They need to stop it. Neither step-parent presents any concern. Mr. Pasquali and Mrs. Jennings are each supportive of their spouses. There is no evidence that they are trying to exert negative influence on Samantha, nor that they would put her at risk. The maternal grandmother and Mr. Jennings' mother-in-law have polarized opinions about Samantha's parents. That is, the one to whom they are closely related is viewed as wonderful while the other parent is vilified. This is unhealthy for Samantha, since she tries to please everyone, and is bound to become confused when she gets caught up in the conflict. Pasquali v. Jennings... Page 19 RECOMMENDATIONS Regardless of Mrs. Pasquali's fears, Samantha is not in any danger with her father. There is no reason why she should be denied access to him. However, it is not appropriate to remove Samantha from her mother's care at this time. Samantha is quite close to her mother, and although Mrs. Pasquali treats the father with contempt, the child has not been alienated from him. Although Samantha complains about getting into trouble, there is no evidence that she is being physically or mentally abused. It is recommended that the parents share legal custody and that physical custody be shared as follows: Mrs. Pasquali is to have physical custody during the school year. Mr. Jennings is to have physical custody for all but two weeks of the summer, at least 10 days over Christmas vacation and 4 days during spring break. Holidays, long weekends (off school) and birthdays are to be alternated between the parents. Samantha's visits with her father are at his discretion, i.e., whether he prefers to spend them here or in Arizona. Saturday morning phone calls are to be continued during the school year. If, for any reason, Samantha will not be at home, Mrs. Pasquali should call Mr. Jennings (at her own expense) and inform him of an alternate time that same day. • It is also recommended that Samantha have an additional phone call with her father one night during the week. Mrs. Pasquali should put more effort into promoting the relationship between Samantha and her father. The following actions are recommended: 1. She will not refuse gifts for Samantha, nor will she withhold telephone messages. 2. She will encourage Samantha to telephone her father and send him copies of her school work, pictures and other projects. 3. She will arrange to have copies of Samantha's report card sent to him. 4. She will send him at least three photographs (at her own expense) of Samantha at least every eight weeks (except for the months of June, July and August). 5. She will ensure that Samantha sends her father a card on his birthday and on Father's Day. • It is recommended that Mrs. Pasquali attend a minimum of four counseling sessions to address parenting skills. Samantha's reports to me, to her father, and to other people that she is always getting into trouble, suggests that her mother would benefit from learning more effective disciplinary strategies. • Neither parent is to talk to Samantha disparagingly about the other parent. Paspali r. JeMmings... Page 20 Her father will promote Samantha's relationship with her mother by the following: L He will tell Samantha, "Say hi to your mom" when he says good-bye to her on the telephone. 2. When Samantha is visiting him, she will talk with her mother at least once every three days, but more frequently as she requests. 3. He will send at least three photographs of Samantha (at his own expense) taken when she visits him during the summer and at Christmas. • Samantha is not to be used as a conduit to relay messages (except for greetings) from one parent to the other. The parents need to talk directly to one another, sticking to a business agenda, without going off on accusatory tangents. If they cannot do this, e-mail is acceptable, but will not be as effective. • It is finally recommended that this case be reviewed in 18 months, to evaluate how well the parents are cooperating in raising their daughter. Respectfully submitted, Pauline Wallin, Ph.D. Licensed Psychologist GLENWYN BETH JENNINGS (PASQUALI), Plaintiff vs. ANDREW ANTHONY JENNINGS, Defendant 0EC 0 7 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7728 CIVIL ACTION - LAW CUSTODY INTERIM ORDER OF COURT AND NOW, this day of 2000 upon of the attached Custody Conciliation Summary Report, it is ere y ordered and directed ason follows: 1. Legal Custody: The parties, Glenwyn Beth Jennings (Pasquali) and Andrew Anthony Jennings, shall have shared legal custody of the minor Child, Samantha E. Jennings, born May 18, 1995. 2. Physical- C_ us_ toddy: Pending an agreement of the parties or further Order of this Court, the interim physical custody arrangement shall be as follows: Mother shall have primary physical custody. Father shall have the following periods of partial physical custody: A. From December 22, 2000, through January 1, 2001. B. From March 16, 2000, through March '19, 2001. 3. There shall be reasonable telephone contact permitted between the Child and the non-custodial parent which shall be supported and encouraged by the parent on a regular basis. Specifically, there shall be, at minimum, a planned schedule of telephone calls each Saturday morning at 10:00 a.m. 4. Neither party shall door say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. Father's periods of interim partial custody shall be exercised in the United States. 6. Father will provide transportation incident to his periods of custody as provided in this Interim Order of Court. Given the uncertainties of airline schedules for the holiday period, and the significant amount of time which has passed since the Father has had custodial time with the child, the parties are required to be flexible with each other in making the holiday transportation plans for the Child. No. 00-7728 7. Custody Evaluation: The parties shall submit themselves and their minor Child to an independent Custody Evaluation. The parties shall sign all necessary releases and authorizations for the Evaluator to obtain medical, psychological, and educational information pertaining to the parties and their Child. Cost of this Evaluation shall initially be born by Father. However, Father shall retain the right to petition the Court to seek contribution for the cost of the Evaluation from Mother. Following the completion of the Custody Evaluation Report, the Custody Conciliation Conference shall be reconvened to determine whether the parties are able to reach an agreement or whether a hearing shall be necessary in this matter. It shall be the Father's counsel who shall petition the Court for the rescheduling of the Custody Conciliation Conference following receipt of the report of the Custody Evaluator. BY THE Dist: Susan K. Candiello, Esquire 1013 Mumma Road Lemoy PA 17043 Kent H. Patterson, Esquire 221 Pine Street Harrisburg, P?17101 A? ?? ?? ?, ? ? ,? s_ , ?? . ? 'c: , :`'? ? •? l'.'. j U.l?V ?\J ? ' `? ? l?? ?? ? ?? ? .- ' r, v ?, o i GLENWYN BETH JENNINGS (PASQUALI) Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7728 ANDREW ANTHONY JENNINGS, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samantha E. Jennings May 18, 1995 Mother 2. A Custody Conciliation Conference was held on November 29, 2000, with the following individuals in attendance: the Mother, Glenwyn Beth Jennings (Pasquali), and her counsel, Kent H. Patterson, Esquire; counsel for the Father, Susan K. Candiello, Esquire. Father participated for part of the Conference via telephone due to his present residency in Arizona. 3. The Conference was held pursuant to a Petition to Modify an purported Arizona Custody Order dated May 1, 1997. The prior Order was docketed at D-114573. Mother is seeking a Modification of the Order issued in Arizona on May 1, 1997, which she now seeks to have jurisdiction in Cumberland County Court of Common Pleas to confirm shared legal and primary physical custody of the minor Child in herself. 4. Mother apparently filed the Petition to Modify Custody as a result of Father's attempts to modify the previous Order through Arizona Superior Court, Pima County. Father apparently had been attempting this since approximately August 2000 to modify the Arizona Order seeking full custody of the minor Child. In an Order provided by counsel for the Defendant, Judge John M. Quigley issued a Minute Entry dated October 31, 2000, indicating that the Divorce Decree of May 1, 1997, giving the parties joint legal custody of the minor Daughter did not set forth any access schedule for the Child. The Court also indicates the joint parenting plan also failed to indicate any access schedule. The Court declined to grant Father's Request of Relief for Finding of Contempt in Modification of Custody granting full custody because there was a lack of specific language in the previous Order that could be clear enough regarding access to the enforce via contempt sanctions, because as a result of the move to Pennsylvania by Mother in February of 1999, and because Father failed to file any ' ('Sa No. 99-7728 pleadings within a reasonable period of time subsequent to the move. Therefore, the Court also declined to exercise jurisdiction in the matter because the Child has lived in Pennsylavnia for a period of eighteen months at the time that the Order was entered. Therefore, Father's Petition to Modify Custody in Arizona was dismissed and the Court declined to exercise further jurisdiction over custody or visitation in the matter. A copy of this Order is attached hereto. As a result of receiving the pleadings which Father apparently filed and served upon Mother, Mother decided to seek a Pennsylvania Order for Custody. Mother claims she is the primary caregiver and has been the primary caregiver continuously since the time of the parties' separation and divorce. Mother gives no explanation for why she would deny Father access. However. she does claim that he has threatened to not return the Child from the custodial visit. 5. Father's position on custody is as follows: Father states that the parties have a shared joint custody arrangement when the parties lived in Arizona which continued until Mother announced to him that she needed to come to Pennsylvania to tend to her grandmother who was terminally ill. Father agreed to this temporary extended visit in Pennsylvania but states that he anticipated she would return. However, Mother did not return from Pennsylvania. Father alleges that Mother is denying access to the Child. He claims that she refused a visit that had been planned for May 2000, that telephone calls are not returned and that she has made multiple statements that she wants Father out of her life. 6. The parties were notable to reach an agreement with regard to custody of the minor Child. However, they were able to reach an agreement for an Interim Order and to return to the Custody Conciliator following the completion of a Custody Evaluation prior to determining whether a hearing is necessary in this matter. An Interim Order in the form as agreed upon is attached. c? Date Melissa Peel Greevy, Esquire Custody Conciliator 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 J?C Lc??U ?i 1l r< Pvllivner'f Name x//20 RFr -v?E 5- Addreff 22CS0.v, . 4" j.? 7 / 2 CnylSlete/ZIP Phone No. 9?8 _ Petitioner in pro per c?F- 77,P Coy ( ? 'i 5V - f997 rr ^I' IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF _ PLK q In re the marriage of AA)D Fr Au ' Petitioner, ) and /1 ^? ) Respondent. j D f. 114573 CASE NO. JOINT CUSTODY PARENTING PLAN To ts -t- 1. a. Name of father: _ 1?_4ELfJ .rITH Pro Ienor@ VISt OnIy l E ,?r,J ' c b. Complete resident address: `220 I _ R ac c. (check one) ? Tem//p?forary ta'Permanent, how Long: J2- -9 fa THQovwN a'.E ' ,J i 2. a. Name of mother: -t.T1.?.UG/4) gETN ?:T-C,r/,t/i,r/ b. Complete resident address: ?9 S. FSSFX An/$ -rZC oN, AZ f357// _ c. (check one) Vlemporary 0 Permanent, how Long: 3. Describe the relative locations of the parents to each other: A&2=oxrtg,4-r Y/12EE -------------- ---------- 4. Name and ages of children: 5. Resident periods for each child: oTSS ,t1. ?E.?T?EA??, TuCfL"J?AZ 85111.- 5'-/ -9? TNRocJG-1? /2-G -9(0. -- ------------- 6 a. Holiday and family celebration plans: SG?_E-LZCP..?EV _/_?Z1,.cs'N -'c . b. Summer vacation and school break plans: /Lj) ° 1994. ALPHA ENT EnPA ISES OF AN IZ.ONA, INC. FORM '1.75 ] All rights reserved Page 1 7. a. Describe the pre-school child care arrangements, including how paid: _Q_ ST TlJ 264' r ???L y lsErw[t :U o; // F-J fe -Sr b. Children will attend school at: -AZZZ It D /J7 'o 1) r n F TNr A": -• To A r) ,;J .rcfwa c. (check one) W13ublic School ? Private School, with all cost paid by: d. Describe the school transportation arrangements: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 8. a. Health insurance will be provided by (check one) (petitioner D respondent. b. The non-Insured medical expenses will be paid by: 6eT/7/O 1617 e,iD 4 -cPn ,n F1 T c. The non-emergency medical treatments, including any dental care will be paid by: 1067-1 T1uNEP d. (check one) m there is a dental plan. D there is no dental plan. 9. The financial support of the child(ren) will be provided as follows: a. During the custody periods with father: 62 _ iLL 66 PteZ O V/ 12 D hAnt EK b. During the custody periods with mother: 1dZZC o !'E P40V1129 n e5 y F/D 7-HE/9 c. Extraordinary expenses will be paid by: /21VIVEn _Q T ar e y At- 7-ej a"l PA7-ArEP AM? P TNF/_? 10. The child(ren)'s religious training will be provided as follows: Gi/ 1 AT-r=?rJ r Nii? y 11. Arrangements regarding the child(ren)'s participation in other activities is as follows: 07F1 12. If major changes arise, such as moving or remarriage and present child care arrangements are no longer feasible, the parties agree to renegotiate the terms of this plan with the aid of either a Conciliation Court Counselor or a private counselor prior to the commencment of any court action. 13. If any disputes or alleged breaches should occur in regards to this Joint Custody Arrangement, the parties agree to seek the services of either a Conciliation Court Counselor or a private counselor. 14. At the request of either party, the terms of this Joint Custody Parenting Plan may be reviewed and considered for possible changes. If the parties cannot agree to changes proposed by the other party, then the resolution of such dispute shall be as provided under Paragraph 13 above. 15. The parties fully understand the legal existence of the two types of Joint Custody, Le., (1) Joint Legal Custody and (2) Joint Physical Custody. Joint Legal Custody means that both parents share legal custody of the minor child(ren) with the rights of neither parent superior to the other; while Joint Physical Custody means the physical residence of the child(ren) is shared to the extent that the child(ren) has(have) substantially equal If a and contact with both parents. Dated this day of MAY 0 1 199T 19 Peh nersslgnalure` L- Respondent's Silure ° 1994. ALPHA ENTERPRISES OF ARIZONA. INC. All right reserved. FORM 225b Page 2 r r v ?rf, r• 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2! 2( .AAj09&t/- HAJ rR4d y t1A1 r A1&s Petitioner's Name 1[T /J €BF?( e5kUr ST Address ?JGSON Az 857/7_ ClAste2lp Phone No. ?52O) 323-0978 Petitioner In pro per '' COPY . " y JAN 3 1190, _?;'..fE$ N CORPF7 t IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF P1'-4 A In re the marriage of AAJi;IR60 AA)TNO,U'! JCXJJI1J6-Y Petitioner, ) and ) ) a [ c 1 /.1L/1 p (J TLJ F IA/ / GS ) Respondent. ) STATE OF ARIZONA /"WA ) 55. County of ) CASE NO. D L A 14573 AFFIDAVIT REGARDING MINOR CHILDREN (0 Annulment r6issolution 0 Separation) Assigned To Judge \ Pro Tempore Quigley, 1. The wife (check one) is Is not ? presently pregnant; 2. There (check one) are Le" are not minor children of either or both of the parties in this case who are in the custody of either or both of the parties; 3. Minor children of this marriage are: A) Child's name S4,.4A,JTHACt,zA,5ET91ogutairthdateS-18-9.5 Birthplace?? SU I[ Az DATES OF RESIDENCE ADDRESS OF CHILD DURING NAME AND PRESENT ADDRESS OF PERSON(S) RELATIONSHIP LAST5 YEARS EACH RESIDENCE PERIOD HAVING PHYSICAL CUSTODY OF CHILD TO CHILD DURING EACH RESIDENCE PERIOD 95S /J•VEA/rCEAli W (GLEA14r11A) ET14 JE,tlA/WC S8311, 1 MUTHE? S-/B- 9Kto i -1-94 dC J Z 8511? 6NI B A?E Arr 4 • TUcro J AL Q N. 1 y20 S. ESSEK LANE C1'.CE,pW y,J STN Jr NN/-j G-S tok,rsisN cs . 47- 8 Ill 20 r'.r X Z,4?F TuCSOJr1Z 857/ 14 0TH EL' to Ell Child's name Birthdate Birthplace DATES OF RESIDENCE LAST5 YEARS ADDRESS CF CHILD DURING EACH RESIDENCE PERIOD NAME AND PRESENT ADDRESS OF PERSON(S) HAVING PHYSICAL CUSTODY OF CHILD DURING EACH RESIDENCE PERIOD RELATIONSHIP TO CHILD to Present to to • 1111141, ALPHA ENTERPRISES OF ARIZONA. INC. All rights reserved. FORM 301a Page 1 ?V 1 C) Child's name Birthdate Birthplace DATES OF RESIDENCE ADDRESS OF CHILD DURING 2 LAST 5 YEARS EACH RESIDENCE PERIOD HAVING HAMEANOPRE PHYSICAL CUSTODY DRESS OF FI PERSON(S) RELATIONSHIP DURING EACH RESIDENCE PERIO CHILD D TO CHILD 3 to Present 4 to 5 to 6 D) Child's name Birthdate Birthplace 7 DATES OF RESIDENCE ADDRESS OF CHILD DURING LASTS YEARS EACH RESIDENCE PERIOD NAME AND PRESENT ADDRESS OF PERSON(S) RELATIONSHIP HAVING PHYSICAL CUSTODY OF CHILD B DURING EgCH RESIDENCE PEg10D TO CHILD 9 to Present 10 to 11 tO 12 E) Child's name Birthdate Birthplace DATES OF RESIDENCE ADDRESS OF CHILD DURING 13 LAST5YEARS EACHRESIDENCEPERIOD NAME AND PRESENT ADDRESS OF PERSON(S) RELATIONSHIP HAVING PHYSICAL CUSTODY OF CHILD DURING EACH RESIDENCE PERIOD TO CHILD 14 to Present 15 to 16 to 17 (IF MORE SPACE NEEDED, ATTACH AN ADDITIONAL SCHEDULE) 4. 1 (check one) have have not litigation concerning custody of a child mentioned above Inpthis orany otherslatle.s(Ilallirmade`misofeach child, 18 manner of participation, court, State and county to r district), case number, dale of order orlUdgement, If state state e a any.) 19 5. 1 (check one) do do not P,., have any information of any Custody mentioned above pending Ina court of this crony otherslate. (If affirmative, state name of each chld, nature ofproceedfnlg, 20 court, state and county (or district), case number, status of proceeding.) 8. I(checkone) do do not know of anyperson not a party to this proceeding who has physical custody or 21 claims to have custody or visitation rights with respect to any child mentioned above. (If affirmative, slate nameand address of person, whether physical custody, claiming custody rights, or claiming visitation rights, name of child Involved.) 22 7. Wire's mailing address is '120 Q. ESS ,F V i p,yzc 8. Husband's mailing address Is 12 0 E E `-"'?- ?N ?Z ?57y 23 - S ?; 2 24 Pellllone!>8 gnelure SUBSCRIBED AND SWORN to before me this date: 25 My Commission Expires: 7AL•00__ ,_ 2611 a 1e94, ALPHA ENTERPRISES OF ARIZONA, INC. All rlghb reeemm, FORM Page 2 I,k-4 Uj? Cr 1 LL " I? I'r 1 0,--- GLENWYN BETH JENNINGS IN T'1-Ir COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUN"1'Y, PENNSYLVANIA V. ANDREW ANTHONY JENNINGS DEFENDANT 99-7728 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, this 27TH day of OCTOBER , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill PA 17011 on the 29TMay of -NOVEMBER, 2000, at 12:00 P.M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Melissa E r vv Ffq,a!r, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO 1'0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i .' R ^11 ,?i? 1'' ?.J ??CC? ??+ l ,,N i??J? V1 ? X1.1 /0.30.0 ?m?, ??? `lam ' /??Gz? ? ?? ???? GLENWYN BETH JENNINGS (PASQUALI), Plaintiff, V. ANDREW ANTHONY JENNINGS, Defendant IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA NO. 7728 s 1999 CIVIL ACTION - CUSTODY ORDER OF COURT You, Glenwyn Beth Pasquali and Andrew Anthony Jennings, are ORDERED to appear in person before the custody conciliator, at ' on , 2000, at m. for a Pre-Trial Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-6200 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT: Date: By Custody Conciliator GLENWYN BETH JENNINGS IN THE COURT OF COMMON PLEAS (PASQUALI), Plaintiff, LANCASTER COUNTY, PENNSYLVANIA V. NO. 7728 S 1999 ANDREW ANTHONY JENNINGS, Defendant CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Plaintiff /Petitioner, Glenwyn Beth Pasquali, by her attorney, Kent H. Patterson, and files this Petition for Modification of Custody Order, based upon the following: 1. Plaintiff/Petitioner is Glenwyn Beth Pasquali, formerly known as Glenwyn Beth Jennings, who resides at 420 Market Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendant/Respondent is Andrew Anthony Jennings, who resides at 2225 East Blacklidge Drive, Tucson, Arizona 85719. 3. Plaintiff seeks modification of the custody order issued by the Superior Court of Pima County dated May 1, 1997, which is contained in the Decree of Dissolution of Marriage and which grants the parties joint legal custody, subject to physical custody as provided in the Joint Custody Parenting Plan filed by the parties, which was docketed in the Court of Common Pleas of Cumberland County on December 29, 1999 to the term and number of this action. Attached hereto and marked Exhibits A and B are copies of the Decree of Dissolution of Marriage and Joint Custody Parenting Plan. 4. Plaintiff seeks modification of the custody order concerning the following child: Name Address Aae Samantha E. Jennings 420 Market Street 5 Lemoyne, PA 17043 Born 05/18/95 The child was not born out of wedlock. The child is presently in the custody of Glenwyn Beth Pasquali, who resides at 420 Market Street, Lemoyne, PA 17043. During the past five years, the child has primarily resided with the following persons at the following addresses: Persons Glenwyn Beth Jennings Andrew A. Jennings Glenwyn Beth Jennings Eduardo and Pat Vega Glenwyn Beth Jennings Alain Howe Glenwyn Beth Jennings Glenwyn Beth Jennings Benjamin Headen Glenwyn Beth Jennings Thomas and Caryl Yohe Glenwyn Beth Jennings Dawn Grimm Address Date 955 North Venice Avenue 5/18/95- Apartment B 12/2/96 Tucson, AZ 85711 420 Essex Lane 12/2/96- Tucson, AZ 85711 7/97 806 South Langley #204 7/97-11/97 Tucson, AZ 85710 806 South Langley #204 11/97-3/98 Tuccon, AZ 85710 3628 South Atlin Avenue 3/98-2/99 Tucson, AZ 85730 403 Woodland Avenue 2/99-7/99 New Cumberland, PA 17070 420 Market Street 7/99-1/00 Lemoyne, PA 17043 - 2 - Glenwyn Beth Pasquali 420 Market Street 4/00- Christian P. Pasquali Lemoyne, PA 17043 Present The mother of the child is Glenwyn Beth Pasquali, currently residing at 420 Market Street, Lemoyne, PA 17043. She is married. The father of the child is Andrew Anthony Jennings, currently residing at 225 East Blacklidge Drive, Tucson, AZ 85719. He is married. 5. The relationship of the Plaintiff to the child is that of mother. Plaintiff currently resides with the following persons: Name Relationship Christian P. Pasquali Husband Samantha A. Jennings Daughter 6. The relationship of the Defendant to the child is that of father. The father currently resides with the following persons: Name Kathleen Jennings Relationship wife 7. 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 for the custody order in the Decree of Dissolution of Marriage and the Joint Custody Parenting Plan, both dated May 1, 1997, docketed at No. D-114573, - 3 - Superior Court of Pima County, Arizona, copies of which are attached hereto and marked Exhibits A and B. Except for the within action, 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 proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. Plaintiff requests modification of the custody order to provide for an order of custody issued by the Court of Common Pleas of Cumberland County, granting Plaintiff legal custody and primary physical custody of the minor child. 9. The best interests and permanent welfare of the child will be served by granting the relief requested for the following reasons: a. Plaintiff has been the primary care giver for the minor child Samantha since her birth. b. Samantha has lived exclusively and continuously with Plaintiff since the parties separated in December 1996. C. The Joint Custody Parenting Plan, docketed in the - 4 - Superior Court of Pima County, Arizona provides for residency of Samantha to be at Plaintiff's residence, which on May 1, 1997 was in Tucson, Arizona but Plaintiff has resided in Cumberland County, Pennsylvania since February, 1999. d. An order should be issued by the Court of Common Pleas of Cumberland County, which would supercede the Joint Custody Parenting Plan, docketed in Pima County, Arizona, since it is no longer relevant. WHEREFORE, Plaintiff requests Your Honorable Court to issue an Order for Custody as requested in this petition. ,? t 92?? Zent H. Patterson Attorney for Plaintiff /Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238 -410 0 - 5 - J2et.? A?ntcNY-'jvI t) C"S Pebbanei I NOma As,, ddlees vest?, A< 85ZL-7 _ Gly/slllbbp Phone No. Petitioner in pro per In re the marriage of IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF P) i{ A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ?)7/ZEGi IJ7-140Ny JPn/r Ili rS Petitioner, and /t ? y7LE.U(v YJr= ?I J r c1C-S Respondent. CASE NO. I-.-_ { {"illt 5R -r D4114573 DECREE OF DISSOLUTION OF MARRIAGE "Kith Minor D Without Minor Children Children Assigned To Judge*. Pro Tempore Quio , This cause coming regularly before the Court sitting without a jury. The Court having acquired jurisdiction over the parties in a manner authorized by law. The petitioner having been first duly sworn and giving testimony in the premises from which the Court finds: That at the time this action commenced, petitioner had been domiciled in the S fate of Arizona for a period of more than 90 days (orwhilea member of the United States Armed Forceshas maintained such presencein the State of Arizona for more than 90 days); that the conciliation provisions of A.R.S. § 25-381.09 either do not apply or have been met; that the marriage is irretrievably broken; and that there (check one box and complete) Dare [0 'Is) living child(ren) the issue of this marriage. To the extent that It has the jurisdiction to do so, the Court has considered, approved and made provisions for (1) the maintenance of either spouse, the disposition of community property and/or debts, and it applicable, the custody of any minor child common to the parties, the support of any natural oradopted child common to the parties of the marriage entitled to support; any agreements between the parties as alleged in the petition or any addendums thereto; and/or any other relief that serves the best interest of the parties. NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the bonds of matrimony hereto existing between the parties be, and are hereby dissolved; and IT IS FURTHER ORDERED as follows: (check applicable blocks and complete) 0 That the wife be restored her former name of EXHIBIT A p 1991, ALPHA ENTERPRISES OF ARIZONA, INC. FORM 200 Ali lights reserved. Page 1 SPOUSAL MAINTENANCE 1 ? Spousal Maintenance is awarded to (check one) ? petitioner (? respondent), the amount of 2 g per month, commencing , 19 -,and 3 continuing hereafter on the same day each month until unless sooner terminated by Court order, remarriage or the death of either party. 4 ? Notwithstanding any amounts that maybe awarded above as Spousal Maintenance, the (check one) ? petitioner (? respondent) shall pay such additional amounts as follows: 5 6 7 No spousal maintenance shall be ordered in this action. B ? All spousal maintenance shall be paid through the Clerk of the Court in the manner required by law and 9 shall include those fees required under A.R.S. § 11-544(a)(ii). WAGE ASSIGNMENT 10 ? The Court finds good cause pursuant to A.R.S. § 25-323(C) to order that all spousal maintenance 11 ordered in this action shall be paid by an assignment of the periodic earnings or periodic entitlements of the (check one) ? respondent (? petitioner) who is presently receiving such earnings or 12 entitlements from the following employer (or payor): Name of employer (or payor) 13 Address 14 City/State/Zip 15 Pursuant to § 25-323, Notice of this assignment shall be issued forthwith by the Clerk of this Court. RETIREMENT BENEFITS 16 Not applicable as neither party has an interest in any retirement or pension plan. 17 ? That respondent shall (check one) O waive (? pay over) in favor of petitioner % of all present and future claims to any and all accrued retirement benefits due from: 16 Name of employer (or payor) 19 Address 20 City/State/Zip -' ? That petitioner shall (check one) ? waive (? pay over) in favor of respondent °h of all 21 present and future claims to any and all accrued retirement benefits due from: 22 Name of employer (or payor) Address 23 City/State/Zip 24 ? The division of the Retirement Benefits Ordered in this case, shall be by a separate QUALIFIED DOMESTIC RELATIONS ORDER prepared and filed in accordance with this Decree of Dissolution of 25 Marriage, and when so filed, shall be incorporated hereto as one and a part of this DECREE. 26 01994, ALPHA ENTERPRISES or ARIZONA. INC. FORM 201 Page2 All lights Mimed, 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 CHILD CUSTODY AND VISITATION ORDER 1. That custody of the minor child(ren) common to -thYe parties, to wit: OkfAL) TNA 661ZA -Tf/ V l /7 rJr ry and , and/or any child expected by wife is hereby awarded: D a. to (check one) D petitioner (D respondent), subject to reasonable visitation by the other parent (A.R.S § 25-337). D b. to (check one) D petitioner (D respondent), subject to specific and/or conditional visitation by other parent as follows: Vc. to both petitionerandrespondenlwithJoint Legal Custody. butsubjectiophysical custody as provided in the Joint Custody Parenting Plan filed by the parties and herewith approved by the Court. Andfrom the testimony given, the COURT FINDS: 1. Neither parent, as a condition of granting or withholding his or her agreement, was influenced by duress or coercion with respect to any factors before the Court; 2. The parents can sustain an ongoing commitment to the child (ran); and 3. The Joint Custody Parenting Plan is logistically possible. CHILD SUPPORT ORDER L I-A 2. All child support ordered in this case shall be by a separate Child Support Order prepared and filed in accordance with the Court's Findings made pursuant to the Child Support Guidelines adopted under A.R.S. § 25-320; and when so filed, shall be incorporated hereto as one and a part of this Decree Of Dissolution Of Marriage. 3. That (check one) D petitioner (t9lespondent) shall have the right to claim the child(ren) as dependent deductions on his(her) Federal and State Income Tax Returns, until or unless otherwise ordered by this Court. 2611 ergg4, ALPHA ENTERPRISES OF ARIZONA. INC. All tlghluese"d. FORM 202 Page 3 COMMUNITY PROPERTY AND DEBTS 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 2: 21 (Check applicable boxes and complete, where required) D There is no community property to be awarded to petitioner. ????/ e"The petitioner is awarded the following community property, to wit: lq9 y//OAHA ('DW l= llo?aQ Ccoorre 96ibAI- &ilaBCQ'TYAHFPAOAQAO1Ha8U Aye PEr2SUrVAL PosSC /D !,'?? "l?'!''r= ClnJCr 4o L0 Fu2?lcNl JGS P/LO PE?T-V JA) rQ.U A EF?C-CAS . D There are no community debts to be awarded to petitioner. t?Petitioner is ordered to pay the following community debts, to wit: Name and address of Creditor Amount owed -r C- (',14eAf D Po 60K Zooq AaAE619, CA 72M-7oo9 s _S,NVO.g7 s s s s C There is no community property to be awarded to respondent. W'rhe respondent is awarded the following community property, to wit: ?yR? FIo JDA 4CCo 2D, Sr2146 nIUNREC?IN?CASs38UAO25od'3 sL` 02-1'-SQ.2611- PCaPr?T?/ /,U l0DS5a516rJ, 1.JCLJ01rt/2 .UOVSc/VOGP EV)LUI2LI.JCES d,tl? e5FA c r/ D There are no community debts to be awarded the respondent. The respondent is ordered to pay the following community debts, to wit: Name and address of Creditor _ Amount owed 6 S?.HY0.3? s s s s Petitioner and respondent shall hereinafter hold each other harmless against any and all claims or demands arising out of those debts so decreed to the respective party. • 199e, ALPHA ENTERPRISES OF ARIZONA. INC. FORM 203 Page All rights reserved. N'.- 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 26 That such other and further relief as may be deemed just and proper to either or both of the parties is ORDERED as follows: DONE IN OPEN COURT THIS day of M AV 1 - 1991 19 ,g,SRFr( S. ADAM JUDGE OR COURT COMMISSIONER A copy of the foregoing Decree was (will be) mailed (hand delivered) to Respondent the --L-? y el A -_ 19 q7 (POlit? i0neturo)' e 10". ALPHA ENTERPRISES OF ARIZONA, INC. All rights ra.mW, FORM 204 Page S i 1 ? ?i tza:.63 ropy 1 1997 ?elilionu? a/ia Nem S/GO F /1ZcGr -VUE S AOOiefs Tr/CSo N Z 8 5 710. CtlY/Stele/Zip Phone No. 6520) 32 -3 p q 7A Petitioner in pro per IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF )914{Q 8 10 11 12 13 14 15 16 17 18 1R 20 21 22 23 24 25 In re the marriage of cl?llz Petitioner, ) ?? and ) r,?fr Respondent. CASE NO. Err r- -., D?114573 JOINT CUSTODY PARENTING PLAN Assigned To.JUdgd 1. a. Name of father: P{o lempore Qui91 ??dJr Jr c b. Complete resident address: '122o CZ Sr- -rYicSo.?,?fBS7/z c. (check one) 17 Temporary 93'Permenen 2. a. Nameofmother: l7,7Jhow Long: l1 -(n -4r, TN,en4 a RJCr-c,? r ,tJ gee . LTr.r/?J/.t/C+-C b. Complete resident address: 4/20 S- E5.57,c?? LA ,l/£ ? TIC ro.u Q y R cy / / c. (check one) &rTemporary D Permanent, how Long: 3. Describe the relative locations of the parents to each other: A8Y=QXI<4 -j-Ee g `T/1.P-- 4. Name and ages of children: 5. Resident periods for each child- ?1. ?E,?. ri,c A?c 5•_18-95 •nizl t6N /2 l0 9r^. J az 86-7 3 a. Holliday and family celebration plans: of /-rcn n 1',4PiuTC . ? PET/FF/ b. Summer vacation and school break plans: 26 11 -1994. ALPHA ENTERPRISES OF ARIZONA, INC. All iphleresorvea. EXHIBIT B - FORM 225a Page 1 2 II 7 a Describe the pre-school child care arrangements, including how paid:.. ('o ST T 9 4P-`r r?vc' '?L?-y-R?T!?K ?v fSoru Oe?.? --`?- 6? 3 b. Children will attend school at: A/ ,Q 4 To l NICO / ei1) 7 of THr A r? v GL c. (check one) fiYPUblic School ? Private School, with all cost paid by: 5 e d. Describe the school transportation arrangements: -d1? 7 8. a. Health insurance will be provided by (check one) grp-elitioner ? respondent. b. The non-insured medical expenses will be paid by: _FT/T/n VI c/' 4 Yj2 8 c. The non-emergency medical treatments, including any dental care will be paid by: 10ET1ri,Nepr d. (check one) 21here is a dental plan. D there is no dental plan. 9 9. The financial support of the child(ren) will be provided as follows: 10 a. During the custody periods with father:. r./ iG L ..- 11 b. During the custody periods with mother: i ofL ?E L40?l12r:n /tu g 12 c. Exlraordinry expenses wibe by: VI p t-Q a -T id 13 C SLAt c N Rcr I.rz 10. The child(rer,)'s religious training will be provided as follows: i,// / Q 14 7'TTF.?iJ 15 11. Arrangements regarding the child(ren)'s participation in other activities is as follows: 0-r}/ 12. If major changes arise suchasmovingor emernagea dpresentchl c/arearrangementsarenolonger 18 feasible, the parties agree to renegotiate the terms of this plan with the aid of eitheraConciliation Court Counselor or a private counselor prior to the commencment of any court action. 17 13. If any disputes or alleged breaches should occur in regards to this Joint Custody Arrangement, the 18 parties agree to seek the services of eithera Conciliation Court Counselor or a private counselor. 14. Al the request of either party, the terms of this Joint Custody Parenting Plan may be reviewed and 19 considered for possible changes. If the parties cannot agree to changes proposed by the other party, then the resolution of such dispute shall be as provided under Paragraph 13 above. 20 15. The parties fully understand the legal existence of the two types of Joint Custody, i.e., (1) Joint Legal Custody and (2) Joint Physical Custody. Joint Legal Custody means that both parents share legal 21 custody of the minor child(ren) with the rights of neither parent superior to the other; while Joint Physical Custody means the physical residence of the child(ren) is shared to the extent that the 42 child(ren) has(have) substantially equal time and contact with both parents. Dated this day of MAY 0 1 1991 23 19 1 24 Pet A Iff-S SllineNre ? 25 Respondent's Si lure 26 11 CI99s. ALPHA ENTERPRISES OF AnizoNA. INC. All rights t<s"Id. FORM 225b Page 2 VERIFICATION I, Glenwyn Beth Pasquali, verify that the statements in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Glenwyn Beth Pasquali (^iCinlaPf a©Oo Date GLENWYN BETH JENNINGS, PLAINTIFF VS. ANDREW ANTHONY JENNINGS, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7728 CIVIL ACTION - LAW ACTION FOR CUSTODY PRAECIPE FOR EN'T'RY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Andrew Anthony Jennings. Respectfully submitted, GATES & ASSOCIATES, P.C. Dated: November 29, 2000 Susan Kay Cane o, Esquire Counsel for Deei#aW PA I.D. # 64999 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 -a i 'a v: tr !f7 >. V 'c:am ,.. LEI C: CJn - ?? U GLENWYN BETH JENNINGS (PASQUALI), PLAINTIFF VS. ANDREW ANTHONY JENNINGS, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7728 CIVIL ACTION- LAW : ACTION FOR CUSTODY ANSWER TO PETITION FOR MODIFICATION OF CUSTODY ORDER, AND NEW MATTER AND NOW, comes the Defendant, ANDREW ANTHONY JENNINGS, by and through his counsel, Gates & Associates, P.C., and respectfully represents as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and Denied in part. Defendant admits his daughter resided with the Plaintiff at the locations which she has identified in her Petition. Defendant denies his daughter resided with the Plaintiff at these locations for the time stated in the Petition. The minor child resided significant periods of time during the entire time period of 12/2/96 through 2/99 with the Defendant at his residence. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part and Denied in part. Defendant agrees the Plaintiff is seeking a new custody order in Cumberland County, Pennsylvania; however, Defendant does not agree the Plaintiff should be allowed to unilaterally violate the custody order the parties entered into in Arizona and should be found to be in contempt of that order. (Please see Exhibit "A" for a copy of the Pima County, State of Arizona custody order, attached hereto and made a part hereof.) 9. a. Denied. Defendant has been active as a care giver since the birth of the minor child; b. Denied. Defendant has had substantial periods of custody with his daughter, under the joint custody order from the Pima County, State of Arizona custody order; c. Admitted in part and denied in part. It is admitted that under the Pima County, State of Arizona custody order, the parties have joint custody, that the minor child has been with both of the parties since they separated in December, 1996, and that Plaintiff has changed her residence. It is denied that Plaintiff had the legal right to unilaterally change her residence to Cumberland County, Pennsylvania in February, 1999. d. Denied. The custody order from Pima County, State of Arizona should be recognized and honored because it is very relevant. NEW MATTER 10. The averments of the foregoing paragraphs 1 through 9 are incorporated herein by reference. 11. Defendant has, since his daughter's birth, participated fully and substantially in her care and nurturing. 12. Defendant has, since the parties' separation, continued his close relationship with his daughter, enjoying significant periods of visitation with his daughter. 13. Defendant gave his permission for the Plaintiff to take his daughter to Pennsylvania solely to enable the Plaintiff to be with her dying grandmother during her last days. 14. After Plaintiff came to Pennsylvania and the Defendant questioned her about her return to Arizona, the Plaintiff told the Defendant she was not returning, he could not see his daughter and his daughter would be better off without him. 15. Defendant was allowed by the Plaintiff to visit with his daughter November, 1999. 16. Since the visit in November, 1999, Plaintiff has not allowed Defendant to have any physical visitation, regular telephone communication, or allowed the minor child to have timely access to any written communication, cards, gifts, or any other materials which the Defendant sent to his daughter. 17. Upon learning the Plaintiff did not intend to return to Arizona, the Defendant initiated various legal actions in Arizona to enforce the current custody order. (Please see copies of documents, attached hereto and made a part hereof at Exhibit "B", which demonstrate the legal actions taken by the Defendant in Arizona.) 18. The Defendant believed the Superior Court of the State of Arizona, County of Pima would enforce the May 1, 1997 custody order. 19. The Defendant fears for the safety, health and well-being of his daughter, due to the lack of stability, the frequent relocations and the numerous male paramours which the Plaintiff has had in her life, following the parties' divorce in December, 1996. 20. The Defendant believes it is in the best interests of his daughter for him to have Primary Physical Custody of his daughter because he can provide a loving home, stability and security, and return his daughter to the environment and friends with which she is familiar and comfortable. 21. The Defendant's mother-in-law resides with the Defendant and his wife, is certified as a child care giver and would be able to be with the child prior to and after school, when the Defendant is at work, thus eliminating the need for the child to attend day care. 22. The Defendant would support and assist financially with regular visitation of the minor child with the Plaintiff. The Defendant, ANDREW ANTHONY JENNINGS, for the aforestated reasons respectfully requests this Honorable Court to award him Primary Physical Custody of his daughter, SAMANTHA ELIZABETH JENNINGS, and the Plaintiff , GLENWYN BETH JENNINGS (PASQUALI), Partial Physical Custody of the minor child. Respectfully submitted, GATES & ASSOCIATES, P Dated: December 2000 Susan Kay PA I.D. # 6998` 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 ?77 ?I NOV-29-2000 00:13 AM NOV-28-00 BED 08163 GATES d ASSOCIATES P,O, FAR NO. 7318021 The undersigned hereby vedes that the Aets averred In the fbl and cornet to the best of We knowledge, lnformstlon, and belief. This to the peeaitles of 18 Pa. C.S.A. §4904 relating to unswom fhlsificatia DATED: 0? 6-496e L 2000 Anew A. lenai P.01 Po9lmnei s N, m, Add,,,, ?cso ll _ -_ 0ly/slAlr/z, /Zqi Phone No. ?.i?? J9? t) Petitioner in pro per In re the marriage of ) Petitionar, ) and ) Respondent. ) IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF _ 21LLIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 This cause coming regularly before the Court silting without a jury. The Court having acquired jurisdiction over the parties in a manner authorized by law. The petitioner having been first duly sworn and giving testimony in the premises from which the Court finds: That at the time this action commenced, pelitionerhad been domiciled in the Staleof Arizona for a period of more than 90 days (orwhile a memberof the United Stales Armed Forces has maintained such presence in the Slate of Arizona for more than 90 days); that the conciliation provisions of A.R.S. § 25-301.00 either do not apply or have been met: that the marriage is irretrievably broken: and that there (clieckonaboxandcomplete) O are (ets) -living child(ren) the issue of this marriage To the extent that it has the jurisdiction to do so, the Court has considered, approved and made provisions for (1) the maintenance of either spouse, the disposition of community property and/or debts, and if applicable, the custody of any minor child common to the parties, file support of any natural or adopted child common to the parties of the marriage entilled to support; nny agreements between the parties as alleged in the petition or any addendums thereto; and/or any other relief that serves the best interest of the parties. NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the bonds of matrimony hereto existing between the parties be, and are hereby dissolved; and IT IS FURTHER ORDERED as follows: (check applicable blocks and complete) D is ] 14573 CASE NO. DECREE OF DISSOLUTION OF MARRIAGE VW-iih Minor 0 Without Moor Children Children I '`ll ti ? ? rIJ•?' I Assigned To 1udgaK; Pro Tempore QuigiIef, ? That the wife be restored her former name of e 19M. ALP/1A EN rEN'NSES OF ANZOIIA.IIIC. nn,?nen,r.,,.?1 FORM 200 Page 1 1 ? 2 3 4 ? 5 6 7 8 9 10 II 12 13 14 1s 16 SPOUSAL MAINTE14ANCE Spousal Maintenance is awarded to (check one) ? petitioner (? respondent), the amount of $ _, per month, commencing , 19 , and continuing hereafter on the same day each month until _ unless sooner terminated by Court Order, remarriage or the death of either party. Notwithstanding any amounts that may be awarded above as Spousal Maintenance, the ? petitioner (? respondent) shall pay such additional amounts as follows: (check one) V No spousal maintenance shall be ordered in this action. ? All spousal maintenance shall be paid through the Clerk of the Court in the manner required by law and shall include those fees required under A.R.S. § 11-544(a)(ii). WAGE ASSIGNMENT O V 17 ? 18 19 20 D 21 22 23 The Court finds good cause pursuant to A.R.S. § 25-323(C) to order that all spousal maintenance ordered in this action shall be paid by an assignment of the periodic earnings or periodic entitlements of the (check one) ? respondent (? petitioner) who is presently receiving such earnings or entitlements from the following employer (or payor): Name of employer (or payor) Address City/Slate/Zlp Pursuant to § 25-323, Notice of this assignment shall be issued forthwith by the Clerk of this Court. RETIREMENT BENEFITS Not applicable as neither party has an interest in any retirement or pension plan. That respondent shall (check one) ? waive (? pay over) in favor of petitioner present and future claims to any and all accrued retirement benefits due from: Name of employer (or payor) % of all. Address City/Stale/Zip That petitioner shall (check one) D waive (? pay over) in favor of respondent present and future claims to any and all accrued retirement benefits due from: Name of employer (or payor) % of all Address City/State/Zip ' 2111 ? The division of the Retirement Benefits Ordered in this case, shall be by a separate QUALIFIED DOMESTIC RELATIONS ORDER preparedand filed in accordance with this Decree of Dissolution of Marriage, and when so filed, shall be incorporated hereto as one and a part of this DECREE. 26 11 a 1994, ALPHA ENTEnPRISES OF AnIZONA, InO. All tlghls msm-d. FORM 201 Page 2 Ij 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 26 CHILD CUSTODY AND VISITATION ORDER 1. That custody of the minor child(ren) common to the parties, to wit: r• and , and/or any child expected by wife is hereby awarded: O a. to (chock Ono) O petitioner (0 respondent), subject to reasonable visitation by the other parent (A.R.S § 25-337). 0 b, to (chock one) 0 petitioner (0 respondent), subject to specific and/or conditional visitation by other parent as follows: Vc. to both petitioner and respondent with Joint Legal Custody, but subject to physical custody as provided in the Joint Custody Parenting Plan filed by the parties and herewith approved by the Court. Andfrom the testimony given, the COURT FINDS: 1. Neither parent, as a condition of granting or withholding his or her agreement, was influenced by duress or coercion with respect to any factors before the Court; 1 2. The parents can sustain an ongoing commitment to the child(ren); and 3. The Joint Custody Parenting Plan is logistically possible. CHILD SUPPORT ORDER 2. All child support ordered In this case shall be by a separate Child Support Order prepared and filed in accordnnce with the Court's Findings made pursuant to the Child Support Guidelines adopted under A.R.S. § 25-320; and when so filed, shall be Incorporated 1loreto as one and a part of this Decree Of Dissolution Of Marriage. 3. That (check one) D petitioner (N(espondent) shall have the right to claim the child(ren) as dependent deductions on his(her) Federal and Slate Income Tax Returns, until or unless otherwise ordered by this Court. • 1994. ALP11A EmENmISES or A11170NA, INC. All rlghll Marvell. FORM 202 Page 3 COMMUNITY PROPERTY AND DEBTS (Chock applicable boxes and complete, where required) D There Is no community properly to be awarded to petitioner. 63The petitioner is awarded the following community property, to wit: 19 9Y ? Y41 YAM ('Z.9-0 ?ztttScv??,, SEP_fAL ,ctr/,URCr':?-Y?irlrF1oJ1,.4?rv?AU ,• A.?z PEr c ?.vaL PP?Q /?7"V 1 U o r' 510N, 1VCLllO1,UC- AlQu 6:1-101-U ECZI ?(sHi&f_Qj ANA EF/=c-c7s. O There are no community debts to be awarded to petitioner. VPelitioner is ordered to pay the following community debts, to wit: 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 Name and address of Creditor Ammml nwoA rte (-ucs??: Po. Gox 7009 A9L&&H CA 92&50-700 $ 51A Q-3 C There is no community property to be awarded to respondent. WThe respondent is awarded the following community properly, to wit: /987 HO.f/DA QC ?or? Sr2/AL NUNri?C'fll?r'dtsa uen?snR? aLr PP/S4nIAL PCCPF/`rv ?SrS$/QnJ,/.t/CLUJ/?(/[r /?o l E OL FU2.ui.SNI-JC-S ,A?/? FFFf?TS., D There are no community debts to be awarded the respondent. R (The respondent is ordered to pay the following community debts, to wit: Name and address of Creditor Amount owed Polllionerand respondent shall herainafterhold each olhorharmless against any and all ciaimsordemands arising out of those debts so decreed to the respective party. 26 e199e,ALrHA Ell rennalses or AmzouA. mc. FORM 203 gaga _.? All,lghle imned. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2' 21 2: That such other and further retier as may be deemed dust and proper to either or both of the parties is ORDERED as follows: DONE IN OPEN COURT THIS day of MAY 1 - 1997 , 19 ,AR?(S. Ai?.AM JUDGE OR COURT COMMISSIONER A copy of the foregoing Decree was (will be) malled (hand delivered) to Respondent the Id@yof ?A 19 7 lrmeya .a slgdmur? l' r' 26 1994. ALMA enrenrmsrs or nnrzoem.ma FORM 204 Page All ?ighlf mfennl. In Staple, I, Stalky (1971) 15 Ariz App Gd, 485 PM 1181, the court affirmed the order changing custody of the minor child where it appeared, inter alia, that the custodial mother had refused to comply with the orders of the cowl as to the father's visitation rights. 'file court stated that although courts should not change custody as punisluncnt for contempt, it would not be inappropriate to consider such conduct both as a change of condition and a factor in determining the child's welfare. 'file court observed that the mother and her new husband had continuously engaged in a course of conduct contemplated to alienate the minor children from the father and to prevent him front visiting with the children. The court stated that the record reflected several conditions which had occurred since the original decree and which materially affected the children's welfare including the attitude of the mother displaying her animosity towards the father, as evidenced by her repeated thwarting of his attempts to exercise his rights of visitation, and also, her disregard of court orders relative to visitation which, the court staled, adversely reflected on her suitability and fitness to be the custodial parent. A. R.S. f 25-4t78 Rights OfNonenstodiai/ arent; Visita Iion; 13xceptiorr; rnforcer,.,.nt; Access To Records; Strspcttsiort Of Visitation; Relocation OfChi/d A. A parent not granted custody of file child is entitled to reasonable visitation rights to ensure that the minor child has frequent and continuing contact with the noncustodial parent unless the court finds, after a hearing, that visitation world endanger seriously the child's physical, mental, moral or emotional health. 13. '['he court may modify an order granting or denying visitation rights whenever mocGfication would serve the best interest of the child, but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger seriously the child's physical, mental, moral or emotional health. C. If by written agreement or court order both parents arc entitled to custody or visitation and both parents reside in the state, at least sixty clays' advance written notice shall be provided the other parent before a parent may do either of die following: 1. Relocate the child outside the state. 2. Relocate the child more than one hundred miles within the state. D. The notice regrured by this section shall be made by certified mail, return receipt requested, or pursuant to the Arizona rules of civil procedure. A Parent who does not comply with the notification requirements of this sanction that will affect custody subsection is subject to court sanction. The court may impose a or visitation only in accordance with the child's hest interests. G. Within thirty days after notice is made the nonmoving parent may petition the court to prevent relocation of the child. After expiration of this time any petition or other application to prevent relocation of the child may be granted only On a sit wmg of good Close. This subsection does not prohibit a parent who is seeking to relocate the child from petitioning the court for It hearing, on notice to the other parent, to determine the appropriateness o[ a relocation that may adversely affect the other Parent's custody or visitation rights. I". Subsection C of this section does not apply if provision for relocation of a child has been made a court order or a wriucn Proposed relocation of the child agrcenunt of the parties that is dated within one year of the . G. Pending the determination by the court of n petition or application to prevent relocation of the child: I. A parent with sole custody or a parcnt with joint custody and primary. physical custody who is required by circumstances of health or safety or employnncnt of that patent or that parent's spouse to relocate in less than sixty days after written notice has been given to the other parent may temporarily relocate with the child. 2. A parent who shares joint custody and substantially equal physical Custody and who is required by circumstances of health or safety or employment of that parent or that parent's spouse to relocate in less than sixty days after written notice has been given to the other parent May temporarily relocate with the child only if both parents execute a written agreement to permit relocation of the child. II. -]'lie court shall Jet ;ne whelhcr to alhow fhc patcnl H. rel Iv the child in accordance with the child's hest interests, n he burden rnf proving; \ahal is in the c. A's best interests is rut the parent who is seeking to relocate the child. 'I'o the extent pcaoicable the court shall also make appropriate arrangements Io ensure the continuafirnt of a nu•suing;ful relationship between the child and hoth parents. I. 'fhc court shall not deviate from a provision of any parrnling plan or other written agreement by which the parents specifically have agreed In allmv or 111ohihil relocation of the child unless file court finds that the provision is no longer in the chill's hest inleresh.'1'here is a rebuttable presumption that a provision front any parenting plan ur other writlcn agreement is in file child's best interests. J. In determining the child's best interests the court sllall Cotl Slden' all rele\'arll hl Clot's including? The Factors prescribed under section 25-403, 2. Whether the relocation is being; loads or opposed in goocl faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child. 3. The prospective edv;uttage of the move for improving; the general cgualily of life for the custodial parent or for the child. 4. '1'hc likelihood ilia( the parent with whom file child will reside after the relocation will comply with visitation orders. 5. Whether the relocation will allow a realistic opporlunily for visitation with each parent. 6. The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child. 7. The motives of Utc parents and file validity of the reasons given for moving or opposing the move including the extent to which either parent nrq• intend to gain a financial advantage regarding continuing child Support ohlig;ainnS. 8. 'lltc potential effect of relocation on the child's stability. K. The court shall assess attorney fees amt court costs against either parent if the court finds that the parent has unreasonably denied, restricted or interfered with court-ordered visitation. L. Pursuant to section 25.103, subsection I<, the noncustodial parent is entitled to have access to documents and other information almul (he child unless the court finds that access would endanger seriously the child's or file custodial parent's physical, men1;11, Mond or emotional health. hf. Notwithstanding section 25-411, if after a custoely or visitation order is in effect one of the parents is charged with a clangcrous clime against children as defined in section 13-604.01, child molestation as defined in section 13 1410 or out act of domestic violence as defined in section 13-3601 in which the victim is a minor, the other parent may petition the court for an expedited hearing. Pending the expedited hearing, fhc court may suspend Visitation M change custody ex parts. A.R.S.,p 25-414 Vlolruion 01'Visita1ion RigGts; Pena/tics A. If the court, based of a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for that person to be heard, finds that a parent has refused without good cause to comply with a visitation order, the court shall do at least one of the following: 1. Find the violating parent in contempt of court. 2. Order visitation time to make up for the missed sessions. 3. Order parent education at the violating parent's expense. 4. Order family counseling at the violating parent's expense. 5. Order civil penalties of not to exceed one hundred dollars for each violation. The court shall transmit monies collected pursuant to this paragraph each month to the county treasurer. The county treasurer shall transmit these monies monthly to the state treasurer for deposit into the alternative dispute resolution fund established by section 12-135. 6. Order both parents to participate in mediation or some other appropriate form of alternative dispute resolution at file violating parent's expense. 7. Make any other order that may promote the best interests of the child or children involved. B. Within twenty-five days of service of the petition tte court shall hold a hearing or conference before a judge, commissioner or person appointed by the court to review noncompliance with a visitation order. C. Court costs and attorney fees incurred by du nonviolating parent associated with the review of noncompliance with a visitation order shall be paid by die violating parent. In the event the custodial parent prevails, the court in its discretion may award court costs and attorney fees to the custodial parent. ARIZONA SUPERIOR COURT, PIMA COUNTY JUDGE: HON. JOHN M. QUIGLEY COURT REPORTER: NONE IN RE THE MARRIAGE OF: ANDREW ANTHONY JENNINGS Petitioner and GLENWYN BETA JENNINGS Respondent FILED . PATRICIA A. NOLAND CLERK, SUPERIOR COURT August 30, 2000 (8:36 a.m.) By: R. L. Cox CASE NO. D-114573 DATE: August 30, 2000 MINUTE ENTRY IN CHAMBERS: The petitioner has filed it Petition In Modify Custody and a Petition for Habeas Corpus. The Court declines to take any action on the modilicalion of custody until there has been service on the respondent, as required by A.R.S. §25-411. The petitioner has also failed to meet requirements for obtaining a Writ of I labcas Coqms. Therefore, TT IS ORDERED denying relief on either petition at this time. cc: Ifon. John M, Quigley Domestic Calendaring Andrew A, Jennings, 2225 1's. Blacklidge Dr., Tucson, AZ 85719 Glenwyn B. Jennings, 420 S. Essex Lane, Tucson, AZ 85711 R. L. Cox Deputy Clerk 001, II FILED Pr;t : t:.!A A. NOLAND ,. - ?- rndrew A. Jennings 00 SEP 18 PM 5: 05 225 East Blacklidge Drive Iucson, Arizona 85719 502) 319-1480 'e[iliotter, In Pro Se BY: V. ARMY. DEPUTY IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PINIA kNDREW A. JENNINGS ; Case No. D01 14573 Petitioner, ) AFFIDAVIT OF SERVICE BY REGISTERED NIAIL VS. ) GLENWYN B. JENNINGS, ) Respondent ) (Assigned to the Honorable John M. Quigley) STATE OF ARIZONA 1 ss. County of PIMA ) 1, ANDREW A. JENNINGS. Petitioner/AF9iant. being First duly swom upon my oath. and pursuant to Rule 4.2(c), Ariz.R.Civ.P., state that: 1. 1 am the Petitioner in this matter and make this Affidavit to show that of September I. 2000. 1 served upon Respondent. GLENIVYN B. JENNINGS. 420 :Market Streei Lemoyne, Pennsylvania 17043, by united States Certified Mail. mail. return receipt rcyuestec the Notice of Filing Petition Fix Modification of CustodviV'isitation. Order to Show Cause o Petition fix Modification of CusuxlviVisifation and the Petition lix Order to Show Cause li Modification of Custody/Visitation tiled in this matter Service was effected upon Petitioner Irv her receipt of the above-relcrenei II documents on September 7.'_000, as evidenced by her ;igmuure on the Domestic Return Recei 1 r. i. 6 7 a 9 10 11 12 .13 14 L5 16 17 ii 1 for Article No. 709932200006097__»0. (See Domestic Return Receipt, attached hereto Exhibit "1"). ?• The signed Domestic Return Receipt (Exhibit was returned to me September 7, 2000 FURTHER AFFIANT SAYETH NOT. DATED this _?!5day of September, 2000. ANDREW A NiNGS STATE OF ARIZONA ) Pelitinnrr County of PIMA SUBSCRIBED AND SWORN TO before me this day of September, 2000, by ANDREW A. JENNINGS, Petitioner/Afliant. lid L)C fly r4 ?'unZf) irs: *Notibli mrof M-B it (i I.? ?a EXHIBIT "1" -I m m r m m N m N N O J m U Q C N `\ U N O 0 0 N N N C N cn aim O, ? T U ? Z U ` Q Q LL s ? . ?OF fNFf _ FILED ?PAT. tt^,IA A,. NOLAND ?nn? _ t. F, T 2 a :00 SEP 12 PH 1.27 j BY: E. BRADFOR Ig - " FPUTY _ "3 o O yf 'tJ C rl m F z R u Ten/A it 65 rein.' o '- = n? n? _. 1 ( - n m Z w o= O ti. m c N C" . I ,3 C smmpa w ?i7 p, m ma I `.i ?am ti rn m OC ,." og o c .? iz xW M• m m z z z U) ]YI'? i FILED PATRICIA A D CLERK.SU RIO COURT Au;ust 3.200 36 a.m.) By: L. Cox 7 CASE NO. (230,21000 DATE: ENTRY tody and a Petition for Habeas Corpus. The custody until there has been service on the ier has also failed to meet requirements for ther petition at this time. eson. A7_ 85719 n. AZ 85711 R. L. Cox Deputy Clerk M•B " ? i 1 2 3 4 5 6 7 0 0 to 11 12 Andi`m A. Jennings 2225 East Blacklidge Drive Tucson, Arizona 85719 (502) 319-1480 Pelitioner. M /'ro .Se IN THE SUPERIOR COURT OF THE SKATE OF ARIZONA IN AND FOR THE COUNTY OF PINIA ANDREW A. JENNINCS, ) Case No. D0114573 Petitioner, ) EXPEDITED PROCESS vs. ) ORDER TO APPEAR ON REQUEST TO ENFORCE GLENM'YN B. JENNINGS, ) CUSTODY AND VISITATION Respondent. ) (Assigned to the Honorable John M. Quigley) 13 TO: GLENWYN B. PASQUALI 420 Market Street 14 Lemoyne, PA 17043 15 Petitioner's verified Expedited Process Request to Enforce 'rerms of Court Ordered 16 Custody/Visitation having been filed and good cause appearing therefor, 17 IT IS HEREBY ORDERED that you appear for conference al i t3 19 on the_ day of., 2000, at the hour of 20 nt. 21 IT JS FURTHER ORDERED dint a report and recommendal ions regarding 22 the relief requested in the Requcst to Enforce shall be made to the Court. 23 24 NOTICE TO THE PARTIES: 25 11 Eased on the Court's findings regarding the report and recommendations, the Court may: ,I 5 6 7 a o 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 A. Set the case for evidentiary hearing; 13. Enter an ordcr based on the agreement ofthe parties; C. Issue an order granting specific relief; D. Schedule the case for it review hearing; E. Itefer the matter to case supervision which may include counseling, supervised visitation or supervised exchange of the child or other appropriate programs; N. Enter an ordcr appointing a volunteer to supervise visitation. (Such a person would be appointed only with the prior approval of all the parts); G. At the request of either party or as deemed to be in the child's best interest. I enter an interim order to a local social service agency to exercise continuing I supervision ol'custodial or visitation terms pending an evidentiary hearing; or 1-1. Enter other appropriate orders. WARNING: YOU NEED NOT FILE A WRITTEN RESPONSE OR ANSWER, HOWEVER, FAILURE TO APPEAR AT THIS HEARING MAY CAUSE A CI\ WARRANT TO BE ISSUED FOR YOUR ARREST AND ANY OF THE RELI REQUESTED MAY BE GRANTED. DONE IN OPEN COURT this _ day of 2000. HONORABLE JOHN M. QUIGLEY Judge of the Superior Court 2 CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the law firm of Gates & Associates, P.C., hereby certify that I served a true and correct copy of the foregoing Answer to Petition for Modification of Custody Order, and New Matter, by first-class United States mail, to the following: Kent H. Patterson, Esquire 221 Pine Street Harrisburg PA 17101 Melissa P. Greevy, Esquire 214 Senate Avenue Suite 105 Camp Hill PA 17011 GATES & ASSOCIATES, P.C. / _\ J Dated: December ri' , 2000 TTT Susan Kay PA I.D. # 64998' 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 l' \' ?? ??. ?. GLENWYN BETH JENNINGS (PASQUALI), Plaintiff, V. ANDREW ANTHONY JENNINGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7728 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Kent H. Patterson, attorney for Plaintiff in the case referred to above, hereby certify that on November 6, 2000, I served Defendant with the Petition for Modification of Custody Order and Order of Court dated October 27, 2000 (scheduling Pre- Hearing Custody Conference), by mailing copies of the same by U.S. regular mail (First Class) and by U.S. Certified Mail No. 7099 3400 0016 3674 6836, postage paid, at Harrisburg, Pennsylvania, addressed to Defendant, as follows: Andrew Anthony Jennings 2225 East Blacklidge Drive Tucson, AZ 85719-2808 Attached hereto is the sender's receipt and the return receipt card which is signed by Andrew Anthony Jennings and indicates a date of delivery of November 14, 2000. The copies sent by regular mail have not been returned. Kent H. Patterson Attorney for Plaintiff 221 Pine Street Dated: Ajj-?L, 29,aaao Harrisburg, PA 17101 ?? (717)238-4100 qrl -7)a8 m m TUM At am? N Pmtnee 5 Ibex OF 'a Certified Fee • r !(Q m ?IJ Poslma V, Return race Fee $1.25 ? (EMorsnment Pepu rtecl i• ? \O C3 R td ? i O es cted Delwary Fee IEmersemenl Rsauimd) as? or a 1 It)S` 'J C3 Tome Postage A Fees mm w $ ?•42 ? 11 S m Px,,lpplents Name lPraae Pnor clearly) gow comprated ey manarf - H d i .' n ' St t or C3 N.Ne. ree , Apt. No. orPO eo . 7?aZI sr.4?At<kJid-... ..r1..4¢.- ..................... r` cl VaC So A2-? l i 1 "1.'U? i i v SENDER: Complela Iloms 1 and/cr2 for additional services. m • complete items 3, 4a. and 4b. • Pont your name and address on Iho reverso card to of this loan s yyou. a • Attach Ihis form tome front of the madpieco, or on Ina oa E! Maker, k it space Jeea rwt 1.0 Addressee's Address 2 ' t to • Th Tho e Return eceipt il will g sRequesged-on how to whom thtdclec low • aged. Receipt show to to onlGO was s deli i dalivetetl 0 3. Article AUdressetl to: a n cLrew A) o , r buL D, E a ?S Enst IjIQC Kt,*, u I TUC Se ? / Az 85? / 9 -,z P, OE' 5. Received By: (Pnnf Name) 6. Signaturo- dd sce ?Yg nt) X =a PS Form 3811, r mbor 1994 ls? I also wish to receive the t following services (for an I c, that we can return this extra foe): ' the article numtar. voted o e m a 2. QO Restricted Delivery v j n o n° Consult postmaster for fee S. . =M? ie Number -- , 1 c 7itr„ 4b. Service Type E i ? Registered 10 Certified 2 ; ? Express Mail ? Insured c ? Return Receipt for Merchandise ? COD ? 7. Date I Deliv T U 0 8. Atli ssee's Atl ress (Only it requested and lee is paid) c --:,-w on2m nnmaetir• c7oe,... o.....,:_. t; 1. ?1 ,_ 1-1 o? a g ' C U ' CL. ' .. at A r e Pauline Wallin, Ph.D. Licensed Psychologist & Associates CUSTODY EVALUATION REPORT March 28, 2000 Child's Name: Samantha Jennings Birth Date: 5/18/95 Parents: Andrew Jennings Glenwyn Beth Pasquali Dates of Assessment: January - March 2001 MAY 2 9 uth 32nd Street Hill, PA 17011 (717) 761.1814 FAX (717) 761-1942 EMAIL: pwallin@paonline.com Assessment Procedure • Interviews -with Andrew Jennings, Samantha's father • Interviews with Beth Pasquali, Samantha's mother • Interviews with Kathleen Jennings, Samantha's stepmother • Interviews with Christian Pasquali, Samantha's stepfather • Interviews and behavioral observations of Samantha, alone and with each parent or stppparent • Psychological testing Adults: Minnesota Multiphasic Personality Inventory (MMPI) Samantha: Children's Apperception Test (CAT), Drawings • Interview with Kay Ferguson, Mr. Jennings' mother-in-law • Interview with Tom and Caryl Yohe, Mrs. Pasquali's mother and stepfather • Review of records • Interim Court Order, 12/11/2000 • Custody Conciliation Summary report, 12/5/2000 • Correspondence between attorneys • Petitions and orders filed in Arizona regarding this matter • Correspondence and a-mails between Mr. Jennings and Mrs. Pasquali • Letter from Dorell Francis-Jennings, Mr. Jennings' mother, regarding his relationship with Samantha Referral: A custody evaluation was ordered by the Court in order to provide information on which to make a decision regarding custody of Samantha. Mr. Jennings has alleged that Samantha's mother unlawfully took her out of Arizona, where they all had been living. Mrs. Pasquali had not allowed Samantha to visit him, until ordered by the Court to do so last December. Mr. Jennings has filed for primary physical custody of Samantha. CONSULTATION - EVALUATION - PSYCHOTHERAPY Cnn inc/ 1 . ?b - 99-77zP ?vi ? Try Pasquali v. Jennings... Page 1 Background Data: Mr. Jennings and Mrs. Pasquali were divorced in 1997. At that time they were both living in Arizona, having recently completed their assignments in the U.S. Air Force. In February 1999 Mrs. Pasquali (then Jennings) brought Samantha to Pennsylvania, where her family lives, Mr. Jennings claims that he thought they were just going for a visit, but Mrs. Pasquali maintains that he knew she was moving here. The parents had joint legal and physical custody, but there was no schedule for access by the parents. Mrs. Pasquali refused to allow Samantha to visit her father, allegedly because he threatened to take her and not bring her back. In August 2000 Mr. Jennings petitioned to the Arizona Court to enforce the joint physical custody order, so that he could see his daughter on a regular basis. Mrs. Pasquali then petitioned to move jurisdiction to Pennsylvania, and for her to retain primary physical custody. By that time, Samanth a had been in Pennsylvania for a year and a half, and the Arizona Court deferred jurisdiction to Pennsylvania The parents do not communicate well with one another. Most of their recent communication has been between their attorneys. It is also noted that the parents are of different races: Mr. Jennings is black and Mrs. Pasquali is caucasian. Neither parent has claimed that race is a major issue in their disagreements with one another. ANDREW JENNINGS Interview Data Mr. Jennings, age 29, arrived promptly for his appointments. He resides in Tucson, Arizona, but flew up on three occasions to meet with me and to visit with Samantha. He was neatly groomed and casually dressed. He was friendly, with good social skills, and spoke in a well-modulated voice. He came to our first meeting with a briefcase full of documents pertaining to his case. He said that he has been trying to visit with his daughter ever since her mother took her to Pennsylvania in February, 1999. When she left, she had allegedly told him that she was going to visit her dying grandmother. (She denies having said this.) When she didn't return, he tried to maintain a relationship with his daughter through phone calls and gifts. However, Mrs. Pasquali undermined his relationship with her by not allowing him to talk to Samantha, by not giving her Pasquali v. Jennings... Page 3 the gifts and cards that he sent, and by refusing to allow her to visit him. She also allegedly made derogatory comments to Samantha about him, which Samantha later repeated to him. Mr. Jennings is especially concerned that Samantha's emotional and physical welfare is in jeopardy. She told him that she wanders around the apartment at night when her mother and stepfather are asleep. She said that she gets yelled at and spanked a lot by her mother and stepfather, and that her stepfather "spanks hard." When she visited him last December, he observed her hitting her dolls and hitting a little boy that his mother-in-law takes care of. In addition to the spanking, he is concerned about Mrs. Pasquali's morals. After they had separated she lived with two different men before marrying her current husband, and he believes she may have had other relationships as well. Mr. Jennings believes that Mrs. Pasquali is not acting in Samantha's best interests. He believes that Mrs. Pasquali is deliberately interfering with his ability to develop a relationship with his daughter. In addition to the allegations stated above, he has documentation that she told Samantha thaYshe is better off without him. Mr. Jennings focussed much of his conversation on Mrs. Pasquali, and on his frustrations with her. Prior to the Court setting up a regular time when he would call and speak to Samantha on Saturdays, he would call and leave messages at various times. Mrs. Pasquali refused to have Samantha call him back, ostensibly because she couldn't afford long-distance phone calls. Mr. Jennings invited her to call him collect, but she did not do so, even on Father's Day. He said that he and Mrs. Pasquali had agreed, in November, 1999 that Samantha would visit him the following May. (Either he or his mother would fly out with her.) However, Mrs. Pasquali later changed her mind, telling him she didn't want her daughter visiting him at all. Mr. Jennings is also frustrated by Mrs. Pasquali's general attitude toward him. He describes her as rude and disrespectful, resorting to profanity and name calling in Samantha's presence. During one of his recent visits, when he was to bring Samantha on a Saturday morning (2/2/01) to an appointment with me, he arrived without her. He told me that Mr. and Mrs. Pasquali had refused to allow Samantha to go with him. Apparently Mrs. Pasquali did not believe that Samantha had an appointment with me, because she did not recall my having informed her. She then called my office to confirm the appointment, but I had not yet arrived, so her call was taken by the answering service. During the exchange between the Jennings and the Pasqualis, Mr. Jennings reported that both Mr. and Mrs. Pasquali were yelling at him, his wife and his mother-in-law. Mr. Pasquali called his mother-in-law a "hag" in front of Samantha. Mrs. Jennings reportedly took Samantha to her car, but Mrs. Pasquali shoved her away and removed her daughter from the car, and called the police. When the police came, they told Mr. Jennings that unless he had a court order, he had to leave without his daughter. Pasquaii v. Jennings... Page 4 Later, at my office, I tried to call Mrs. Pasquali, but there was no answer. I called her attorney, but she eventually brought Samantha to my office on her own. The Pasqualis have a slightly different version of what happened that morning, which I will describe later in this report. Mr. Jennings believes that Samantha will be better off in his custody, because he will not try to keep her from her mother. She will also be with a parent who resembles her racially, and he wants her to feel connected to her Jamaican heritage. Mr. Jennings lives in a house in a more suburban setting, where Samantha can play outside. Her mother lives in an apartment above a store on a main street. In addition, his mother-in-law, who lives in a trailer on his property, will be available to take care of Samantha when she is not in school and when he and his wife are at work. When Samantha is with him, she is reportedly happy. She has never asked to call her mother. When he suggests that she call her mother, Samantha says she doesn't want to. When it's time to return to her 'another, Samantha is reluctant to go. He believes that Samantha "is destined for greatness" and he wants to help foster that destiny. Personal History Mr. Jennings grew up in Queens and The Bronx, New York. His parents were divorced when he was eight years old. He and his older sister were raised by their mother, whom he describes as a "very strong woman " He described himself as a "very challenging child" and is grateful to his mother for the strong discipline that she used. His father, who had been physically abusive to his mother, has since "changed his ways." Young Andrew did not hang out with gangs. He didn't smoke or drink or get into legal trouble, but he took physical challenges and had no sense of danger. He would experiment with things. For example, once he made his own chemistry kit. In school he was a good student and skipped second grade. At age 14 he decided he wanted to enlist in the Air Force and become a pilot. To prepare for this dream, he attended a special high school where he learned airplane mechanics. After high school he enlisted in the service, but in Basic Training he learned that he was ineligible tq become a pilot, because he had a red/green perceptual deficiency. Nevertheless, he decided to make the best of his four years there. He was picked for an elite drill team - the Honor Guard - which performed at weddings, parades and funerals. "We looked good," he told me. He also received awards: the Elite Honor Guard of the month, and the Elite Honor Guard of the quarter. "This proved I was the best of the best," he said. "It was a lot of discipline, but I learned discipline was an important part of my life." i. r Pasquali v. Jennings... Page S He met Beth at a barracks party just before the Gulf War. When most of their friends were sent overseas, they turned to each other for comfort. In retrospect, he realizes that he never "fell in love" with her. The marriage had rocky beginnings. They were both only 20 years old when they married. Prior to their marriage Beth had "pretended" to like everything he did, including music, TV shows, etc. After a month of marriage he found out that she didn't share his interests. He also said that she was selfish and needy. She reportedly resented his going out with his friends, and expected him to spend all his free time with her. He had hoped that the birth of Samantha would bring them closer together, but things only got worse. Beth kept threatening divorce. He finally got tired of her threats and filed for divorce himself. Mr. Jennings described his work history. Except for his military service, in which he ran the commissary, most of his work has been in hospitals. He currently processes admissions in an emergency room. His work hours are 12:00 noon to 8:00 p.m. He is in good health. He drinks alcohol infrequently, on social occasions. Psychological Testing Mr. Jennings approached the MMPI in a highly defensive manner, minimizing problems and denying even socially acceptable shortcomings. This is consistent with his interviews, in which he made frequent reference to the importance of impression and appearance. It is important for him to appear competent and in control. The clinical scales were well within the normal range. There was no evidence of depression, anxiety, or problems with normal thought processing. There was no indication of any tendency toward overly aggressive or violent behavior. There was some evidence that he tends to avoid conflict. When he becomes annoyed or upset with someone close to him, he is not apt to confront the person directly. Instead, he is more likely to express his feelings in roundabout ways, such as through silence or other passive aggressive behavior. He may even deny having angry feelings when questioned about his behavior. Behavioral Observations with Samantha Mr. Jennings was at ease with his daughter. He enthusiastically joined her in play on the floor. He was quite animated and verbal, talking to her continually during their time together. He Pasguali V. Jennings... Page 6 would comment on what she was doing, and would ask her questions, usually of an educational nature. e.g., "What kind of animal is that?" Father and daughter played with sand during the first play session. During this time, his comments and questions were of a factual nature. During their second play session, Samantha chose more fantasy role-playing. He was equally enthusiastic and adept at participating on her level. When Samantha was struggling to put Legos together to make something for their fantasy play, he waited a couple of minutes before asking her if she needed help. For the most part, Mr. Jennings allowed Samantha to direct the play. However, he did set some limits, such as cautioning her not to overload the shovel with sand, and telling her not to take the clothes off one of the toy bears. When she did remove the mother bear's apron, he took the bear from her and reattached the apron. When Mr. Jeri iings saw how much Samantha enjoyed playing with sand, he promised to get her a sandbox to play with when she comes to visit. In summary, Mr. Jennings was quite at ease with Samantha. He readily engaged in play, but also took charge when necessary. GLENWYN BETH PASQUALI Mrs. Pasquali, who uses the first name Beth, took several weeks to set up an appointment with me. When I later asked her about this, she replied she hadn't known that she was to call me. Once she became involved in the evaluation process, she arrived promptly for her appointments. She was casually dressed and neatly groomed. She was soft-spoken and maintained good eye contact, but she seemed a bit melancholy in her tone and manner. Just as Mr. Jennings had devoted most of his interview time to criticizing her, she likewise dwelled on how he had made her life miserable. She said that while they were living in Arizona he never paid much attention to Samantha. Shortly after Samantha's birth, he was more interested in going out with his friends and playing Dungeons and Dragons, than being with her. When they separated, he saw Samantha only one day per week. When Samantha was sick, he wouldn't inconvenience himself to take time off work to care for her. "I've tried very hard to let him be a parent," Mrs. Pasquali said. After she and Samantha moved to Pennsylvania, his phone calls were sporadic. Then, all of a sudden last August, he started taking an interest in Samantha. First he said that he wanted to see more of her. Then Mrs. Pasquali received papers indicating that he was trying to get custody. Pasquali v. Jennings... Page 7 Mrs, pasquali made it clear that she does not like and does not trust Mr. Jennings. When talking about him she referred to him as "Mr. Jennings," When I asked her why she did this, she replied, "It helps distance me from him." She regards Mr. Jennings as an intrusion on her and her family. While he seems interested in Samantha now, she is concerned that he may just as suddenly lose interest. Mrs. Pasquali is now happily remarried, and Samantha loves her stepfather. She doesn't mind Mr. Jennings calling or visiting his daughter occasionally, but Samantha belongs with her family here in Pennsylvania. Mrs. Pasquali herself was raised by a stepfather, and regards him as her dad. She doesn't feel she missed much when her own father abandoned the family. Mrs. Pasquali believes that she is better able to take care of Samantha. "I'm the only stable, consistent person that's been in her life every day," she said. She contends that Mr. Jennings does not know Samantha. He puts his own needs ahead of hers. In Arizona he allowed her to watch violent TV shows. Samantha never expressed any interest in her father until he started calling all the time. And contrary to h&. Jennings' claims that Samantha enjoys her visits with him, the child told Mrs. Psuquali that she was scared when she was there. She said that they made her hug Mrs. Jennings' mother, and she didn't want to. She added that she wanted to call her mother, but that her father wouldn't let her. Samantha told her mother that she wants to continue to see her father, but that he should come here to visit her. Mrs. Psuquali discussed her departure from Arizona. She had wanted to move back to Pennsylvania in 1996, but at that time didn't want to take Samantha away from her father. However, when he showed minimal interest in the child, Mrs. Pasquali decided to move here because she missed her family. Contrary to Mr. Jennings' contention that he didn't know she wasn't going to return to Arizona, she claims that he did know. He helped her pack the truck, and did not even want to keep any of Samantha's toys. Mr. Jennings reportedly plays "a lot of conflicting parent games." For example, when he's on the phone with Samantha, he says, "Your mommy doesn't always tell the truth." (She listens in on all their phone calls.) He also reportedly talks to Samantha about the court proceedings, which Mrs. Pasquali believes is entirely inappropriate. The fact that Samantha is affectionate toward her father, his wife and his mother-in-law, was dismissed by Mrs. Psuquali. She said that Samantha is affectionate toward everyone. I asked Mrs. Pasquali why she had refused to allow Samantha to visit her father until the Court ordered it. She replied that in the past Mr. Jennings had threatened to take Samantha and not bring her back. Therefore, she felt compelled to protect her daughter. Moreover, Mrs. Pasquali believes that Samantha is too young to be traveling across the country. I asked Mrs. Pasquali about the events on the morning of February 3, when she refused to allow Samantha to come with her father to an appointment at my office. Mrs. Pasquali said that Mrs. Pasquali v. Jennings... Page 8 Jennings had been rude to her and shoved her (which Mrs. Jennings denies.) Mrs. Pasquali did not know Kathleen Jennings nor her mother, and didn't know what they "would do to Samantha." Mrs. Pasquali said that she just had a feeling that Samantha wouldn't be safe with them. Mrs. Pasquali's dramatic reaction to the Jennings' visit reflects her opposition to encouraging a relationship between Samantha and her father. When Mr. Jennings came in for the weekend of 2/2/01 and picked up Samantha on Friday morning, Mrs. Pasquali insisted that he bring her back that afternoon raiher than keeping her overnight. Later I learned from Samantha that this was because she had a play date. On 2/23/01 when Samantha was scheduled for an appointment with her father at my office at noon, Mrs. Pasquali called around 9:00 a.m. She said that because it had snowed, school was delayed, and Samantha's kindergarten schedule had been extended to later, such that she would miss school if she came to the appointment as scheduled. Mrs. Pasquali requested postponing the visit to later. When I told her that was not possible, she argued that Samantha had already had two unexcused absences, and could not afford any more. I assured Mrs: Pasquali that I would provide a note for the school, but she continued to protest. It was apparent that the issue was not merely Samantha's missing an hour of school. Mrs. Pasquali says that she and Samantha are very close. They read and play games together, go to the park and visit friends and family. She acknowledged that Samantha can be bossy or stubborn at times, and that she needs to be disciplined. She said that she tries redirecting Samantha, and, if that doesn't work, she uses time-outs or revokes privileges. She also spanks Samantha on the bottom if her physical safety is at risk. Samantha has trouble getting up and getting going in the morning because she "dilly-dallies." She also sometimes doesn't finish her work at school or her chores at home. Mrs. Pasquali has to keep saying to her, "Samantha, did you brush your teeth?" "Are you doing what you're supposed to be doing?" etc. Recently, she learned that it helps to set the timer in order to get Samantha to hurry up. Mrs. Pasquali claims that she allows Samantha to call her father whenever she wants, but that Samantha does not ask to call him. On a form that I give parents to fill out I noted that Mrs. Pasquali had not answered the questions, "What is your major weakness as a parent?" and "What is the best characteristic of the other parent.?" I later asked her about this. She said she couldn't think of anything to write in response to those questions. She couldn't think of anything lacking in her parenting. She always reads parenting articles in magazines, makes sure that Samantha has a good diet and doesn't watch too much TV. "We're very much joined, connected," she said. "I don't know that that is a weakness," she added. Currently Mrs. Pasquali and her husband are full-time students. She takes Samantha to the day care program at HACC while she is in class. She also works part-time in a hospital as an aide. Pasquali v. Jennings... Page 9 Personal History Beth Pasquali grew up in New Cumberland, the youngest of three children. Her parents divorced when she was two or three years old. Her mother remarried her stepfather when she was eight. Mrs. Pasquali doesn't know her biological father, since he wasn't involved in the family. She said that "he lives around here somewhere," but that she has no contact with him. She describes her mother as very talkative and friendly, and her stepfather as warm, emotional and "very lovey." In school she described herself as a "geek." Academically she was a B student. She was quiet and "didn't do the `in' thing." In eighth grade she started taking karate lessons and eventually earned her black belt. She was also involved in horseback riding and the youth group at church. She became interested in the military when her high school boyfriend signed up. She enlisted in the Air Force so that she could eventually use the GI Bill to pay for college. While in the service she worked in the pharmacy. During that time she was quite homesick and talked to her family frequently. When she met Andrew Jennings she found him personable, outgoing and fun. In retrospect she realizes that they married too young and that he wasn't ready to have a family. In 1993 they left the service and moved to Mr. Jennings' mother's place in New York. Because she couldn't find work there, she went to stay with her parents in New Cumberland. She worked part-time in a hospital pharmacy and also a clothing store. She saw Mr. Jennings on weekends. After a year, when he decided he didn't like his job, they moved back to Arizona. She then found out that she was pregnant. She was quite sick during the first half of her pregnancy. Mr. Jennings moved out in January, 1996, when Samantha was eight months old. The divorce became final in May, 1997. After the divorce she dated two men in Arizona: the first for a few months and the second for two years. She lived with the latter for about six months. He was going to follow her to Pennsylvania after she moved back here, but the relationship fizzled once they were geographically separated. She met Christian Pasquali while working at Merck-Medco. She found him friendly and family- oriented. He is also a "homebody" like herself. He "doesn't need to be always going somewhere." She currently lives a quiet life. She does not drink or smoke. Her health is good except for endometriosis. She received a medical discharge from the Air Force for this condition. Posquali v. Jennings... Page 10 Psychological Testing Mrs. Pasquali approached the MMPI in a defensive manner, which is typical in this type of situation. The profile was within the normal range, with no evidence of depression, anxiety or problems with thinking or concentration. There was some indication of interpersonal difficulties. Although she tries to maintain a cheerful front, she harbors resentment and hostility. She tends to provoke anger from others via passive-aggressive behavior, and then to perceive herself as a victim of unjust treatment. There was no evidence of tendency toward overly aggressive or violent behavior. Behavioral Observations with Samantha While Mrs. Pasquali was soft-spoken with me, when I observed her with Samantha she spoke almost in a whisper. This may reflect a kind of intimacy that she wanted to project. It was certainly a contrast to what Samantha told me about her mother yelling at her at home. In their initial play session together Samantha took the toy doctor kit from the shelf. Her mother adopted the role of a frightened patient with a belly ache, pleading, "Please, doc, not today," when Samantha pulled out the toy hypodermic needle. Mrs. Pasquali was quite dramatic as she cried softly while Samantha prepared to give her a shot. Afterwards she asked Samantha if she should be sick again, or whether Samantha wanted to play the sick role. Throughout their session, the mother spoke in melancholy tones. In their second play session Mrs. Pasquali engaged in fantasy play with Samantha. In several of her exchanges she used negatively charged emotional words. For example when trying on a mask she said, "I'm scared." When Samantha decided to use a Big Bird figure to make chicken soup, her mother commented, "It makes me sad." Such comments, as well as those while playing doctor in the previous session, elicited sympathetic responses from Samantha. Mrs. Pasquali was comfortable in her interactions with Samantha. In general she followed Samantha's lead in play, while offering occasional suggestions. I did not observe any opportunity for her to exercise discipline in my presence. SAMANTHA JENNINGS Interviews and play observations Samantha is an outgoing, talkative youngster. She separated readily from the adults accompanying her to join me in the playroom. She was quite distractible as she explored the playroom, picking up one object after another. However, when I asked her to sit down and draw Pasquali v. Jennings... Page 11 some pictures, she complied. While drawing she said, "I was kind of nervous about coming here." When I asked why, she replied, "I thought it was form making me go back there." (referring to Arizona.) During a story-telling task, Samantha digressed to talk about her father. She referred to him as "Andrew" on that occasion (but on other occasions she referred to him and called him "Daddy.") She said that her mom doesn't like Andrew. "She thinks he's a bad person. I think he's a good person. She's a bad person because she tells lies about him." When I asked Samantha who told her about that, she replied, "Andrew." On the morning of 2/3/01 after the altercation between the Pasqualis and the Jennings, I asked Samantha what happened. She said that her mother and stepfather were yelling, but that she didn't hear her father or stepmother yelling. She said that Mr. Pasquali had called Mrs. Ferguson (mother of Mrs. Jennings) bad names. Samantha explained that her mother didn't want her to come to see me that day "because she loves me." She added that her mother is afraid that her father will steal her. However, Samantha denied that she, herself was afraid of that. In fact, that morning, in contrast to the previous day, she said that she wanted to live in Arizona with her father. On another day, when I asked her first how she'd feel if the judge said she was going to live with her father, she answered, "I'd like that." When I asked her how she'd feel if the judge said she was going to live with her mother, she replied, "I'd like that too." From her interview and play data it is clear that she feels close to both parents. During some of the play sessions I invited Samantha to make a wish with a "magic" wand. She wished that she could fly, that she was a cat, that she could have candy all the time, and she also wished that she wouldn't get into trouble so much. I asked her to tell me more about her getting into trouble. She said that she gets into trouble for "lots of things." That morning her mother yelled at her because she hadn't made her bed. She said that she is always late in the morning because "I fall back asleep." One of Samantha's favorite activities in the playroom was to play with sand. Children generally find sand very soothing. Samantha used the sand as a base for her fantasy play as well. Samantha engaged readily in play with all the adults. When she went to bring her father or her stepmother up to the playroom, she led them by the hand. While playing with the sand, Samantha was very verbal. She asked all sorts of questions about sand and about creatures that live in the ocean. She also stopped to ask Mrs. Jennings (who is pregnant) if she was tired. When Mrs. Jennings replied that she was a little tired, Samantha asked "Why?" Mrs. Jennings answered that the baby is growing. With her mother Samantha was especially caring. During their role play in which her mother pretended to be sick, Samantha was gentle and tender. When they reversed roles, Samantha Pasquali v. Jennings... Page 12 imitated what her mother had done. When they played with the sand, Samantha pretended to prepare some special "tomato soup" for her mother. In general, Samantha's behavior and demeanor during play reflected that of the adult who accompanied her. Thus, with her mother she was subdued and gentle. With her father, who exuded more enthusiasm, she was animated and talkative. She seemed less serious with her father than with her mother. With her stepfather Samantha seemed relaxed. She called him "Dad." She enjoyed burying objects in the sand and having him find them. In this session her play took on a somber theme. She pretended that there was a sandstorm and that the people were trapped. A snake pulled some of them out of the sand, but "the other guys got knocked in and got buried." This theme may reflect Samantha's own anxiety about being overwhelmed by the parental forces tugging on her. It must have set off an emotional reaction, because a couple of minutes later Samantha announced that she had to go to the bathroom. A few seconds later she said, "I think I had an accident." She had wet her pants. She showed no embarrassment about this. W. Pasquali said this had never happened before. When Samantha played with her stepmother she conversed and asked many questions. She pretended to call her on the toy telephone. Most of Samantha's play with Mrs. Jennings, however, was of a factual nature rather than fantasy role-playing. Drawings and projective testing Samantha's first drawing was of herself. She selected a brown marker, "because I'm brown," she explained. This indicates that she has formed a racial identity. Her drawing was developmentally appropriate for her age. I then asked her to draw her family, with each person doing something. She drew herself, her mother, her stepfather and her father. None of the figures looked as if they were engaged in any activity, but Samantha pointed to each one and described them: She was jumping; her mother was falling down because she was dizzy; her stepfather was waving and her father was "just sittin' there." It is apparent that she does not yet have a good sense of who her father is. It is also apparent that she perceives her mother as frail. I administered the Children's Apperception Test (CAT). This is a series of pictures, each depicting animals in various situations. The child is asked to tell a story about each picture. The resulting stories reflect how the child views herself and her world. Samantha's stories revealed themes of unresolved conflict between parents, anxiety over uncertainty, and separation from parents. These are all issues that Samantha is currently dealing with. She also depicted themes Pasquali v. Jennings... Page 13 of getting into mischief, and of having to learn to share. There was no evidence of depression or other serious emotional problems. KATHLEEN JENNINGS Mrs. Jennings, age 31, has been married to Samantha's father for almost a year. She described him as a "wonderful father": loving and caring; strict, but in a positive way. She said that Samantha loves to cuddle up to him and wants to be with him "every second." Although Mrs. Pasquali reported that Samantha had told her that her father and stepmother would not let her call when she was visiting them, Mrs. Jennings said that Mrs. Pasquali called several times a day, leaving messages on the answering machine. They didn't return calls because they were out doing things all day, and when they arrived home Samantha didn't care to call her back:'1 just talked to her," Samantha reportedly said. "Why is she calling me?" During Samantha's visit over Christmas, she told Mrs. Jennings that her mother said she had to change her last name to Pasquali so that she would "belong." She also said that her father wanted to kidnap her. When it was time to go home Samantha didn't want to leave. Mrs. Jennings was open about her contempt for Samantha's mother. She criticized her for using Samantha as a possession, for allegedly telling the child that she doesn't need to see Andrew because she has a new daddy now, and especially for her behavioral display on the Saturday morning when she refused to allow Samantha to go with her father to my office, insulted her mother, and physically attacked. Mrs. Jennings. Mrs. Jennings said that she prays for Samantha every day, and hopes that the tug of war between the parents will soon end. She described her own childhood. She was born in San Diego. Her parents were never married, but her mother married her stepfather when she was two years old. There was periodic turmoil in the family. Her step-siblings were suddenly taken away by their mother one day. Her brother was abducted by his biological father. The family took in dozens of foster children over the years, which Mrs. Jennings recalls as a not unpleasant experience for her as a child. In school, Kathleen was a good student. She took accelerated classes and graduated from high school at 15. She described herself as very obedient. "I did everything by the book," she said, because she didn't want to disappoint her parents. She attended community college first in Las Vegas, where the family was living at the time, and later in Washington state. Pasquali v. Jennings... Page 14 She was married once before, for eight years. The marriage broke up because her husband was unfaithful. Her work history has included office work and emergency medical technician. She met Mr. Jennings, when she brought patients to the hospital where he worked. Most recently she has worked in a veterinary clinic. She is currently on leave from that job because of medical problems during her pregnancy. I observed Mrs. Jennings in interaction and in play with Samantha. She was warm and affectionate, but not overbearing. She allowed Samantha to direct the play. Samantha asked questions such as, "Will you teach me about sand? About how it's made?" and "Where do these shells come from?" Mrs. Jennings explained things in simple language that Samantha could understand. Mrs. Jennings' MMPI was within the normal range, but reflected a marked attempt to portray herself as virtuous. She denied depression. There is some indication of mild anxiety, but there is no evidence of any serious emotional difficulty. CHRISTIAN PASQUALI Mr. Pasquali, age 33, has been married to Samantha's mother for almost a year. They met at work two years ago. He claims that Mr. Jennings never showed much interest in Samantha until her mother remarried. He acknowledges that Samantha says she loves her dad and enjoys being with him, but he adds that Mr. Jennings has never had day-to-day responsibility for his daughter. After Samantha returned from her Christmas visit with her father, she was "distrusting." Mr. Pasquali believes that "they worked on her the whole time she was there." He added that it took her three weeks to get back to behaving like her old self. He believes that the stress of the custody litigation is taking its toll. On her last report card Samantha's teacher wrote that she daydreams a lot. I asked him about Mr. Jennings' allegation that Samantha wanders around the apartment in the middle of the night. Mr. Pasquali said that was unlikely, since he is a light sleeper and would have heard her. Mr. Pasquali said that he and his wife do not talk about Mr. Jennings in Samantha's presence. They try to keep her life as normal as possible. I asked him about the events of 2/3/01. He admitted that he had called Mrs. Ferguson a hag, but only after she had accused him of beating Samantha. He also said that the Jennings were Pasquali v. Jennings... Page 15 impatient and rude, and that Mrs. Jennings did shove Mrs. Pasquali. He acknowledged that his wife was emotional, but he also said that Mr. Jennings deliberately presses her buttons. Mr. Pasquali briefly described his personal history. He grew up in Mechanicsburg, the second of three children. His parents are still married to one another. In school he described himself as a "fair" student, an underachiever. After high school he joined the navy and received an honorable discharge in 1988. It took him several years to find a direction in life. He worked as a data entry clerk at Gannett Fleming for a year, then went to college for about a year and dropped out. He worked at pizza restaurants for several years. In 1997 he got a DUI. This seemed to serve as a wake-up call. He stopped drinking and within a year was enrolled as a full- time student at Messiah college, majoring in accounting. He is currently a senior at Messiah college, and will graduate in December. Mr. Pasquali enjoys family life. Samantha calls him "Daddy." No one told her to do so. She spontaneously started addressing him as daddy shortly after he married her mother. Mrs. Pasquali takes care of Samantha's daily routine and personal grooming, but he cooks most of the meals. The family tries to have dinner together most evenings. He works part-time on weekends delivering pizza. I observed Mr. Pasquali in play with Samantha. He joined her on the floor near the sand box. His manner was relaxed and low-key. As they played they engaged in conversation, mainly concerning the objects they were playing with. When Samantha wet her pants he remained calm and took care of the problem unobtrusively. Mr. Pasquali's MMPI was within the normal range, but indicated an attempt to present himself in an overly positive light. He may have some difficulty expressing anger. Although he is sensitive to criticism and his feelings are easily hurt, he is not apt to confront the other person immediately. By the time he does express anger he is apt to overreact. Nevertheless, there is no evidence from the testing or clinical data of any tendency toward violence. Nor is there any indication of serious emotional problems. KAYFERGUSON Mrs. Ferguson is Kathleen Jennings' mother. She lives in a trailer on the Jennings property, but spends much time in the Jennings home. When Samantha visited them, Mrs. Ferguson spent a lot of time with her. During that time she also babysat Matthew, a little boy around Samantha's age. Mrs. Ferguson noticed that when Matthew wouldn't do what Samantha wanted, Samantha would hit him. When Mrs. Ferguson asked her why she hit him, she replied, "He upset me," or "He scares me." When she had to discipline Samantha (by talking to her firmly) in the car because she kept smacking Matthew with the seatbelt, Samantha later told her father that Mrs. Ferguson scared her. Pasguali v. Jennings... Page 16 Most of the visit, however, Samantha and "Grandma Kay" got along well. Mrs. Ferguson overheard Samantha playing with Matthew. She said to him, "I get spanked a lot. Do you get spanked a lot?" She also told him that her mother yells. In addition Samantha told Mrs. Ferguson that Christian spanks really hard and that her mother gets mad a lot and hits and yells. Mrs. Ferguson said that Andrew is a good father, but that he "needs to learn `the child's age plus two' when it comes to lectures." Apparently, he would explain too much and for too long when correcting Samantha, which made her get very quiet and look scared. She remarked that Samantha seems to be a sad child. Mrs. Ferguson has some medical problems: frbromyalgia and ostecarthritis. She maintains that while her mobility is limited by these, she is able to cant' out daily activities and take care of Matthew on a regular basis. She has done graduate work in psychology and used to work as a counselor, specializing in anxiety and panic, which from she herself used to suffer. TOM AND CARYL YOHE Mr. and Mrs. Yohe are Beth Pasquali's stepfather and mother. Mrs. Yohe said that Samantha was quite well adjusted before Mr. Jennings started the custody litigation. Now she gets upset easily. Samantha was always an emotional child, but recently she has been more so. After a recent weekend visit with her father Samantha didn't want to talk to her mother for a while. She has also had gastrointestinal problems, including vomiting and constipation, which Mrs. Yohe attributes to stress. Mrs. Yohe was explicit in her dislike of Mr. Jennings. She said that he makes a favorable initial impression, but that he is a "totally self-consumed, me-person." When she went to Arizona to visit after Samantha was born, he spent most of his time upstairs with his computer games. After Samantha's parents split up, Mrs. Yohe went to visit Beth again. During the three weeks she was there she heard Beth on the phone asking Andrew to keep Samantha an extra night or attend a doctor appointment. He refused. Mrs. Yohe believes that the physical distance between Samantha and her father is entirely the fault of her father. She does not hold Samantha's mother responsible in any way. She believes that Beth had no other choice but to move back here. Mrs. Yohe claims that Mr. Jennings' mother furnishes the money for Samantha's child support, because he spends all his money on games and comic books. He is more interested in playing than in his responsibilities. When Samantha returned from a visit with him she told Mrs. Yohe that she doesn't get into trouble at her father's house because he lets her do whatever she wants. Samantha is very close to her mother. When Mrs. Yohe used to babysit her, Samantha would frequently ask for her mother. Samantha and her mother are always hugging and kissing each other. As for the child's affectionate behavior toward her father, Mrs. Yohe said that she is Pasyuali v. Jennings... Page 17 friendly and affectionate with everyone. She even told a man cutting down a tree in the yard, "I love you." everywhere. s. Yohedescribed He plays with her constantly and she is always on his stepfather. He takes Samantha During the interview Mr. Yohe didn't say much. When I asked for his input, he mainly expressed agreement with his wife. He too believes that the situation is stressful on Samantha, and that Mr. Jennings is the cause. LETTER FROM DORELL FRANCIS-JENNINGS Mrs.Francis- Jennings is Andrew Jennings' mother. She wrote a letter of endorsement for her son. She described him as "a caring and nurturing father, who with his gentle strength provides sent guidance to this daughter." In addition to praising him, she wrote that she hadUbeen present you when Samantha repeatedly asked her father, Daddy, why cant I stay with Mommy sometimes?" CONCLUSIONS Samantha Jennings, age 5, was brought to Pennsylvania by her mother in February, 1999 from Arizona. Her father has been trying to maintain communication and visitation with her, but claims that her mother has not only undermined but sabotaged his relationship with her. On the surface Samantha is a sociable, verbal child. However, she is somewhat anxious and perceives herself in a mildly negative light. She has been described by the adults with whom I spoke as loving, but bossy and stubborn. Samantha's mother believes she is acting in her daughter's best interest by protecting her from Mr. Jennings' overtures, which she believes are insincere. However, Mrs. Pasquali has deep- seated resentment toward Mr. Jennings and her actions reflect a motive of retaliation. She is continuing to punish him, using Samantha as a weapon. If she continues in this pattern, Samantha will become alienated from her father. Samantha's father believes that he has been unfairly judged and treated by his ex-wife. Nevertheless, he has no compelling reason, other than his work schedule, for not being more involved in Samantha's life when she was living near him. Perhaps he assumed that Mrs. Pasquali would continue to initiate contact between Samantha and him when she moved to Pennsylvania. Pasquali v. Jennings... Page 18 Mr. Jennings denies that he told Samantha that he is pursuing custody. He did tell her, however, that he has a lawyer who is helping him see more of her. Both parents have amassed a list of grievances against one another, which is common in this type of situation. However, their styles are different. Mr. Jennings relies on facts and documentation. Mrs. Pasquali reports her feelings and impressions. Each parent is mistrustful of the other, and tends to overreact when Samantha complains about one parent to the other. This is typical in situations where the parents jump to conclusions before checking out the story with one another. It is not surprising that Samantha is closer to her mother than to her father. She has been with her mother most of her life. However, the closeness is not always healthy. As noted earlier, Samantha seems to view her mother as frail and in need of support. When she "gets into trouble" for not doing her chores, she not only feels badly about herself, but she also feels guilty for upsetting her mother. In other words, she feels responsible for her mother's feelings. Mrs. Pasquali has drawn Samantha into her own drama, which generates confusion for the child. Samantha is not afraid of her father, but has told her mother that she is, because that is what she believes her mother wants to hear. Mr. Jennings is more straight-forward in his communication. He has had very little time with his daughter in the past two years. He is very confident that he can be a loving, effective parent, but at this point he has very little experience. Samantha is aware of her biracial identity. It is important that she maintain a connection with her father and his family. Both parents have done their share of "campaigning" with Samantha. They need to stop it. Neither step-parent presents any concern. Mr. Pasquali and Mrs. Jennings are each supportive of their spouses. There is no evidence that they are trying to exert negative influence on Samantha, nor that they would put her at risk. The maternal grandmother and Mr. Jennings' mother-in-law have polarized opinions about Samantha's parents. That is, the one to whom they are closely related is viewed as wonderful while the other parent is vilified. This is unhealthy for Samantha, since she tries to please everyone, and is bound to become confused when she gets caught up in the conflict. Pasquali v. Jennings... Page 19 t ;I RECOMMENDATIONS j Regardless of Mrs. Pasquali's fears, Samantha is not in any danger with her father. There is no reason why she should be denied access to him. However, it is not appropriate to remove Samantha from her mother's care at this time. Samantha is quite close to her mother, and although Mrs. Pasquali treats the father with contempt, the child has not been alienated from him. Although Samantha complains about getting into trouble, there is no evidence that she is being physically or mentally abused. It is recommended that the parents share legal custody and that physical custody be shared as follows: Mrs. Pasquali is to have physical custody during the school year. Mr. Jennings is to have physical custody for all but two weeks of the summer, at least 10 days over Christmas vacation and 4 days during spring break. Holidays, long weekends (off school) and birthdays are to be alternated between the parents. Samantha's visits with her father are at his discretion, i.e., whether he prefers to spend them here or in Arizona. Saturday morning phone calls are to be continued during the school year. If, for any reason, Samantha will not be at home, Mrs. Pasquali should call Mr. Jennings (at her own expense) and inform him of an alternate time that same day. • It is also recommended that Samantha have an additional phone call with her father one night during the week. Mrs. Pasquali should put more effort into promoting the relationship between Samantha and her father. The following actions are recommended: 1. She will not refuse gifts for Samantha, nor will she withhold telephone messages. 2. She will encourage Samantha to telephone her father and send him copies of her school work, pictures and other projects. 3. She will arrange to have copies of Samantha's report card sent to him. 4. She will send him at least three photographs (at her own expense) of Samantha at least every eight weeks (except for the months of June, July and August). 5. She will ensure that Samantha sends her father a card on his birthday and on Father's Day. • It is recommended that Mrs. Pasquali attend a minimum of four counseling sessions to address parenting skills. Samantha's reports to me, to her father, and to other people that she is always getting into trouble, suggests that her mother would benefit from learning more effective disciplinary strategies. 0 Neither parent is to talk to Samantha disparagingly about the other parent. Pasquall v. Jennings... Page 20 Her father will promote Samantha's relationship with her mother by the following: 1. He will tell Samantha, "Say hi to your mom" when he says good-bye to her on the telephone. 2, When Samantha is visiting him, she will talk with her mother at least once every three days, but more frequently as she requests. 3. He will send at least three photographs of Samantha (at his own expense) taken when she visits him during the summer and at Christmas. • Samantha is not to be used as a conduit to relay messages (except for greetings) from one parent to the other. The parents need to talk directly to one another, sticking to a business agenda, without going off on accusatory tangents. If they cannot do this, e-mail is acceptable, but will not be as effective. • It is finally recommended that this case be reviewed in 18 months, to evaluate how well the parents are cooperating in raising their daughter. /Respectfully submitted, V Ya Pauline Wallin, Ph.D. Licensed Psychologist GLENWYN BETH JENNINGS (PASQUALI), PLAINTIFF V. ANDREW ANTHONY JENNINGS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7728 CIVIL TERM 12ER OF COURT AND NOW, this Z day of July, 2001, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Glenwyn Beth Pasquali and Andrew Anthony Jennings, shall have shared legal custody of their daughter, Samantha Elizabeth Jennings, born May 18, 1995. All decisions affecting the child's growth and development including but not limited to: choice of camp, if any; choice of daycare provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the minor child, directly or as beneficiary, other than custody litigation; education both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by father and mother, jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. The parents shall keep each other informed of the progress of the child's education and social adjustments. 99-7728 CIVIL TERM The parents shall not impair the other's rights to share legal custody or physical custody of the child. The parents shall give support to the other in the role as parent and take into account the consensus of the other for the physical and emotional well- being of the child. While in the presence of the child, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the expressed duty of each parent to uphold the other parent as one whom the child should respect and love. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage the child to participate in the plan hereby ordered. Each parent has a duty to notify the other of any event or activity which could reasonably be expected to be of significant concern to the other parent. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by emergency without consulting with the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent then having physical custody. The parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority, and copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school -2- 99-7728 CIVIL TERM conference and activities. The father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be the mother's primary responsibility to provide father with copies of report cards and all notifications of major school events. Neither parent shall schedule activities or appointments for the child which will require their attendance or participation at said activity or appointment during the time when the child is scheduled to be in the physical custody of the other parent without that parent's expressed prior approval. (3) The mother shall have primary physical custody of Samantha. (4) During each summer, the father shall have temporary physical custody of Samantha beginning the Sunday after the first full week following the last day of school, and ending two weeks before the first day of the start of the new school year. (5) At Christmas in even numbered years, father shall have Samantha beginning the first day after school is out through January 2"d. In odd numbered years father shall have Samantha for the Thanksgiving holidays beginning the Wednesday evening before Thanksgiving through the second Friday following Thanksgiving Day. In even numbered years mother shall have Samantha for the Thanksgiving holidays. In even numbered years, father shall have Samantha for the Easter holidays, beginning the day before her vacation from school for Easter through the Friday following Easter Sunday. The mother shall have Samantha for the Easter holidays in odd numbered years. (6) Father shall have the ability to contact Samantha, using whatever form of communication he chooses, for a maximum of one hour on her birthday. Father shall give mother one week's notice of the time he is requesting to communicate with -3- 99-7728 CIVIL TERM Samantha and mother shall cooperate in making her available for father's birthday communication. (7) Father shall have the ability to contact Samantha using whatever form of communication he chooses, for a maximum of one hour on Father's Day, in the event that he does not have custody of her at that time. Father shall give mother one week's notice of the time he is requesting to communicate with Samantha and mother shall cooperate in making her available for Father's Day communication. (8) Father shall determine at what location he shall enjoy his periods of temporary custody with Samantha. In the event that the parties will be exercising a period of custody away from their home for a period of forty-eight hours or more, the parties shall notify the other of the location where they shall be and a telephone number where they can be reached. The parties shall give each other thirty days notice of their intent to exercise any period of custody outside of the continental United States with the child. (9) Father shall have the option to request a maximum of three telephone calls each week when Samantha is in the custody of mother. When requesting to reschedule or change times for the telephone call, mother shall consider the time difference between Pennsylvania and Arizona and father's work schedule. Father shall have the ability to call Samantha Fridays at 7:00 p.m. In addition, father shall have the ability to call Samantha Saturdays at 10:00 a.m. and Sunday evenings at 7:00 p.m. When father and Samantha are speaking on the telephone, neither mother nor her husband or any other individual shall be present in the same room as Samantha; shall listen on any telephone extension; nor shall they in any manner intrude upon the privacy of Samantha -4- 99-7728 CIVIL TERM and her father. Should either party be unavailable for a scheduled telephone call, the unavailable party shall contact the other party as soon as possible, preferably before and if not immediately after the time for scheduled telephone call, at their own expense. During the telephone calls with father, Samantha may also speak with Mrs. Jennings and/or Mrs. Ferguson. Ms. Dorrell Francis-Jennings may also have telephone privileges with her granddaughter, Samantha. Mother and all other individuals will provide the same privacy to the child and her grandmother during their telephone calls as identified above. (10) Mother shall provide father with the following information and items during her periods of custody with Samantha: A. On or before the 5th of each month, mother shall, at her own expense, provide father with examples of Samantha's school work, craft items, a minimum of three photographs of her, her report card and other projects representative of her activities for the previous month, a Father's Day card for Father's Day and a birthday card for his birthday. (11) Mother shall not interfere, delay and/or prevent father's telephone calls with Samantha, gifts and/or correspondence with her, messages to her or any other form of communication or sharing with her. (12) Mother shall attend a minimum of four counseling sessions to address parenting skills and disciplinary strategies. (13) Father shall provide mother with the following information and items during his periods of temporary custody with Samantha: -5- 99-7728 CIVIL TERM A. A maximum of three telephone calls each week Samantha is in his custody. Father shall provide the same guidelines for telephone calls as mother, identified above; 8. Three photographs of Samantha for each period of custody or visitation he has her. (14) When Samantha meets the airline requirements for traveling with an airline provided escort during air travel, and she is comfortable flying without one of her parents, the parties may agree to stop traveling with her. (15) Until the mother graduates from college, she shall pay two-thirds of the transportation costs for Samantha for the father's periods of temporary physical custody in Arizona. The father shall pay one-third of the transportation costs for Samantha and the full cost for the person accompanying Samantha on her flights to and from Arizona. Once the mother graduates from college, she shall pay one-half of the total airfare for Samantha and the person accompanying Samantha on the flights to and from Arizona, and the father shall pay one-half of such costs. Once Samantha can fly unaccompanied to and from Arizona, each parent shall pay one-half of that airfare. (16) The parents shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. (17) During any period of custody or visitation the parties to this order shall not possess or use controlled substances, neither shall they consume alcoholic beverages -6- I 99-7728 CIVIL TERM to the point of intoxication. The parties likewise ensure, to the extent possible, that the other household members and/or guests comply with this prohibition. By Arthur K. Dils, Esquire For Glenwyn Beth Jennings (Pasquali) Susan Kay Candiello, Esquire For Andrew Anthony Jennings :saa Edgar B. Bayley, J/ I 0.15 -7- A GLENWYN BETH JENNINGS (PASQUALI) PLAINTIFF V. ANDREW ANTHONY JENNINGS DEFENDANT . IN'1'lili COURT' OP COMMON PLEAS OF . CUM131'sRLAND COUN'T'Y, PENNSYLVANIA 99-7728 CIVIL ACTION LAW IN CUSTODY AND NOW, Mondav February 25, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street Lemoyne, PA 17043 on Tuesday, March 26, 2002 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled (rearing. FOR T14E COURT, By: /s/ Melissa P Greeyy, Esq mtic Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C2 f EC 20 P01 ? C?iiI:GLflt.":':.1 GmunI 1 P[P:?J1rl??F?`?''A (gym , ?wz?l?? a a7. a? ??" t,/ Not InAlk FEB 1 9 2002 l? GLENWYN BETH JENNINGS (PASQUALI), PLAINTIFF/RESPONDENT V. ANDREW ANTHONY JENNINGS, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7728 CIVIL TERM ORDER OF COURT AND NOW, this Lday of February, 2002, the within petition for contempt and special relief (actually a petition to amend the current custody order), is referred to conciliation. By Edgar B. Bayley, J. Glenwyn Beth Jennings (Pasquali) 420 Market Street Lemoyne, PA 17043 Susan Kay Candiello, Esquire For Andrew Anthony Jennings Court Administrator :saa GLENWYN BETH JENNINGS (PASQUALI), PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW ANTHONY JENNINGS, DEFENDANT/PETITIONER 99-7728 CIVIL TERM ORDER OF COURT AND NOW, this ft-day of February, 2002, the within petition for contempt and special relief (actually a petition to amend the current custody order), is referred to conciliation. By Edgar B. Bayley, J. el nwyn Beth Jennings (Pasquali) 420 Market Street Lemoyne, PA 17043 LA?Usan Kay Candiello, Esquire > For Andrew Anthony Jennings Copie-3 0.tled ?a-ao- a ? 5 Court Administrator :saa A. FEB 1 4 2002 GLENWYN BETH JENNINGS (PASQUALI), : IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 99-7728 ANDREW ANTHONY JENNINGS, : CIVIL ACTION -LAW DEFENDANT/PETITIONER : CUSTODY ORDER AND NOW, this day of 2002, upon consideration of Defendant/Petitioner's Petition for Contempt, Enforcement and Special Relief, it is hereby directed and ordered as follows: t. Further Custody Evaluation: The parties shall be ordered to immediately schedule and fully cooperate in further custody evaluation by Dr. Pauline Wallin, who performed the initial custody evaluation for the parties and who allowed for the possibility of further evaluation and consideration of the custodial arrangement for the child. Samantha, in her first evaluation. 2. Counseling: Plaintiff/Respondent shall be ordered to attend the four (4) counseling sessions for her anger and parenting skills, as was recommended by Dr. Pauline Wallin in her custody evaluation. 3. Compliance: Plaintiff/Respondent shall comply completely and fully with all components of the present custody order. 4. Attorney's Fees: Because of her willful violation of all past custody orders and most recently the custody order of July 25, 2001, Plaintiff/Respondent shall be directed to pay Defendant/Petitioner's reasonable counsel fees, costs and expenses which were required for the preparation and presentation of this petition and attendance at the conference and any hearings that may be required. 5. Any other additional relief this Court deems equitable. J. A. GLENWYN BETH JENNINGS (PASQUALI), : IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 99-7728 ANDREW ANTHONY JENNINGS, CIVIL ACTION -LAW DEFENDANT/PETITIONER :CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody. If you wish to defend against the claims set forth in the following pages, you may, but are not required, to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the - day of 2002, at o'clock _. m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Custody Conciliator IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may be found in contempt of court and committed to jail, fined or both. The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 GLENWYN BETH JENNINGS (PASQUALI), : IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 99-7728 ANDREW ANTHONY JENNINGS, : CIVIL ACTION - LAW DEFENDANTJPETITIONER : CUSTODY PETITION FOR CONTEMPT_ ENFORCEMENT AND SPECIAL RELIEF 1. Plaintiff/Respondent is GLENWYN BETH JENNINGS (PASQUALI) (hereinafter referred to as "Mother"), who currently resides at 420 Market Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendant/Petitioner is ANDREW ANTHONY JENNINGS, (hereinafter referred to as "Father"), who currently resides at 2225 Blacklidge Drive, Tucson, Arizona, 85719-2808. 3. The parties are the parents of one (1) child: SAMANTHA ELIZABETH JENNINGS, born on May 18, 1995, and presently six (6) years of age. 4. Mother and Father are divorced. Mother and Father have each remarried. 5. Father continues to reside in Arizona, where the parties resided together when married and when Samantha was born and spent the first years of her life. 6. Mother took Samantha, under false pretenses, to Pennsylvania and refused to allow Father to have any contact with his daughter, Samantha. 7. Father vigorously sought the enforcement of the Arizona custody order until he was told by the Arizona courts he needed to go to Pennsylvania to obtain custody of his daughter, Samantha. (A copy of the Arizona custody order is attached hereto and made a part hereof at Exhibit "A".) K.._ 8. Once Father obtained counsel in Pennsylvania, he slowly was able to obtain minimal visitation with his daughter, Samantha. 9. The parties were not able to reach any custodial agreement until a custody evaluation was completed by Dr. Pauline Wallin. (A copy of the custody evaluation completed by Dr. Wallin is attached hereto and made a part hereof at Exhibit "B".) 10. The parties' initial custody agreement was entered as a court order on July 25, 2001, after the parties had received Dr. Wallin's custody evaluation. (A copy of the July 25, 2001 custody order is attached hereto and made a part hereof at Exhibit "C"). 11. Dr. Wallin's evaluation was very favorable to Father. The one concern Dr. Wallin expressed was the amount of time he had recently been away from his daughter, due solely to the actions of Mother in taking the child to Pennsylvania and refusing to allow Father to visit with his daughter. 12. Dr. Wallin's evaluation, completed on March 28, 2001, in the last paragraph on page 20, allowed for the case to be reviewed in eighteen (18) months. It has been eleven (11) months since the evaluation. 13. As a result of the animosity of Mother to Father, the great distance between Father and his daughter, and the close bond between Father and daughter, the parties' custody order was very specific with regard to Father's time with his daughter. 14. Mother has continued to take any action possible to prevent Father from having any contact with his daughter, resulting in Mother's continued violation of the present custody order. 15. Mother has deliberately violated the custody order through the following actions: a) Section (2) of the custody order outlines the Shared Legal Custody obligations of the parties. The section generally directs the parties to work together in decisions about Samantha. This has simply never occurred. Mother never speaks with Father regarding any decisions. The last sentence on page one (I) of the custody order states "The parents shall keep each other informed of the progress of the child's education and social adjustments." Mother, who is presently the primary custodian, has never shared any, information with Father. The first two (2) paragraphs at the top of the second page of the order state: "The parents shall not impair the otter's rights to share legal custody or physical custody of the child. The parents shall give support to the other in the role of as parent and take into account the consensus of the other for the physical and emotional well-being of the child. While in the presence of the child, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the expressed duty of each parent to uphold the other parent as one whom the child should respect and love. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage the child to participate in the plan hereby ordered. Each parent has a duty to notify the other of any event or activity which could reasonably be expected to be of significant concern to the other parent. " Mother has never shared any information with Father. Mother and her husband have and conti ue to make derogatory comments about Father, his wife, and extended family. Mother has and continues to take deliberate actions to interfere and prevent Father's schedule of visitation with his daughter. Mother never notifies Father of ay events in which his daughter is participating. Paragraph four (4) on page 2 of the custody order states: "The parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority, and copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conference and activities. -However, it will be the Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. Neither parent shall schedule activities or appoinmtents for the child which will require their attendance or participation at said activity or appointment during the time when the child is scheduled to be in the physical custody of the other parent without that parent's expressed prior approval." Mother has never provided Father with any information about his daughter, Samantha. Father has taken continuous actions via written correspondence, telephone, email, and visits planned for each time he comes to Pennsylvania to maintain contact with his daughter's school and teachers. Despite Father's efforts, the school appears reluctant to openly communicate and share information with Father, and Mother gives Father nothing. Due to the distance Mother's unilateral actions have imposed upon Father, he is severely limited in his ability to have contact and visitation with his daughter so that telephone calls are Father's main source of communication with his daughter. Mother has continuously taken unilateral specific actions to interfere with and eliminate as much as possible Father's weekly scheduled telephone calls. (b) Section (9) of the custody order states: "Father shall have the option to request a maximum of three telephone calls each week when Samantha is in the custody of Mother. When requesting to reschedule or change times for the telephone call, Mother shall consider the time difference between Pennsylvania and Arizona and Father's work schedule. Father shall have the ability to call Samantha Fridays at 7:00 p.m. In addition, Father shall have the ability to call Samantha Saturdays at 10:00 a.m. and Sunday evenings at 7:00 p.m. When Father and Samantha are speaking on the telephone, neither Mother or her husband or any other individual shall be present in the same room as Samantha; shall listen on any telephone extension; nor shall they in any manner intrude upon the privacy of Samantha and her Father. Should either party be unavailable to a scheduled telephone call, the unavailable party shall contact the other party as soon as possible, preferably before and if not immediately after the time for the scheduled telephone call, at their own expense. During the telephone calls with Father, Samantha nay also speak with Mrs. Jennings and/or Mrs. Ferguson. Ms. Darrell Francis-Jennings nay also have telephone privileges with her granddaughter, Samantha. Mother and all individuals will provide the same privacy to the child and her grandmother during their telephone calls as identified above. " Since the custody order has been in place, there have been only a few weeks when Father actually was able to speak with his daughter, Samantha, according to the schedule in the custody order. Typically Father may get one (1) telephone call with his daughter, on occasion two (2) telephone calls a week. Mother engages in the following tactics to keep Father from having any telephone contact with his daughter: 1) Father calls at the designated times. No one is home. He leaves messages for his daughter to call him. She never does. 2) When Father is able to have a telephone call with his daughter, if the telephone call is at 7:00 p.m. in the evening, Samantha has, on repeated occasions, told her Father she has not yet eaten dinner, she is hungry and her Mother has told her she may not eat anything until she is done speaking with her Father. Of course, Father tells Samantha to go eat dinner. 3) When Father is able to have a telephone call with his daughter and the telephone call is at 7:00 p.m., Samantha will tell him she has not been allowed to do her homework for the next day and must do it now. Of course, her Father does not speak with her long and allows her to do her homework for the next day. 4) When Samantha is on the telephone with Mrs. Jennings or Mrs. Ferguson (who lives with Father and his wife), Samantha is always called away from the telephone by her Mother, cutting their conversation short. 5) When Ms. Dorrell Francis-Jennings calls her granddaughter, she never gets a response. She leaves messages, but her telephone calls are never returned. 6) When Samantha is allowed to speak on the telephone with her Father, Mrs. Jennings and/or Mrs. Ferguson, for the majority of the telephone calls someone is hovering over Samantha monitoring what Samantha is saying. At these times Samantha is very guarded in her conversation and will often ask to end the telephone call. 7) Only on a few occasions has Mother provided Father with any notice of any change in the times for the telephone calls. The majority of Father's and Father's family's telephone calls to Samantha simply never occur as a direct result of Mother's actions and interference. (c) Section (10) in the custody order states as follows: "Mother shall provide Father with the following information and items during her periods of custody with Samantha: A. On or before the 5`h of each month, Mother shall, at her own expense, provide Father with examples of Samantha's school work, craft items, a minimum of three photographs of her, her report card and other projects representative of her activities for the previous month,.... " Mother has never provided Father with any of the above items since the custody order was put in place. Mother did send a few photographs of poor quality over the internet in the Fall of 2001, but these were the only items Mother has ever shared with Father. (d) Section (11) states as follows: "Mother shall not interfere, delay andlor prevent Father's telephone calls with Samantha, gifts and/or correspondence with her, messages to her or any form of communication or sharing with her. " As has previously been stated, Mother has from the beginning of this order through the present taken deliberate actions to interfere with and prevent Father's scheduled telephone calls with his daughter. Father has also sent cards and small gifts in the mail to his daughter, which she never receives or will be given by Mother several weeks after the occasion for which the small gifts were sent. For example, Samantha was given her Easter basket two (2) weeks after Faster. Mother has also kept cards and small gifts sent by Mrs. Ferguson and the paternal grandmother, Dorrell Francis-Jennings, and never gave them to Samantha. (e) Section (12) states as follows: "Mother shall attend a minimum of four counseling sessions to address parenting skills and disciplinary strategies." Mother has recently stated she is going to counseling at Bible Baptist. Despite Father's requests, Mother never provided Father with any evidence that she has actually attended any counseling sessions for these parental issues identified by Dr. Wallin. 16. Since the parties' separation and divorce, Mother has continuously interfered with and tried to terminate Father's rights and abilities to enjoy custody and visitation with his daughter. 17. Father, in his communications with Mother and through his counsel, has made numerous attempts to resolve these issues before turning to further litigation. All Father's requests have been ignored by Mother. 18. Samantha, when talking to Father and Mrs. Jennings on the few occasions when she is alone, has stated she misses them and wants to come live with them. 19. Samantha, when talking to Father and Mrs. Jennings on the few occasions when she is alone, has stated she is going to run away. 20. Father recently received Samantha's most recent report card from the school, a copy of which is attached hereto and made a part hereof at Exhibit "D". This report card is significant for the number of areas of school work where Samantha's teacher has identified Samantha's grades have gone down. 21. Samantha has shared with her Father and Mrs. Jennings, her Mother and Mr. Pasquali have recently gotten a Rottweiler, an adult, not a puppy. Samantha has stated she has been dragged around by the dog when she tries to play with the dog. Samantha states she is very afraid of the dog, but to date she has not suffered any significant harm from the dog. Samantha has further stated her Mother is not able to handle the dog or do things for the dog, only Mr. Pasquali can take care of the dog. 22. Father fears greatly for his daughter's psychological well being in this hostile environment, especially while he is being deliberately kept from having any regular contact with his daughter. 23. Father is afraid for his daughter's psychological well being when his daughter is telling him she is going to run away and her grades are going down. 23. Father fears greatly for his daughter's physical safety, while she is threatening to run away and also now in the presence of an adult Rottweiler, who only seems to be able to be managed by Mr. Pasquali, who frequently is not in the home. WHEREFORE, Defendant/Petitioner, ANDREW ANTHONY JENNINGS, respectfully requests this Honorable Court find the Plaintiff/Respondent, GLENWYN BETH JENNINGS (PASQUALI), has been and continues to be in contempt of the custody order and order the following: L Further Custody Evaluation: The parties shall be ordered to immediately schedule and fully cooperate in further custody evaluation by Dr. Pauline Wallin, who performed the initial custody evaluation for the parties and who allowed for the possibility of further evaluation and consideration of the custodial arrangement for the child, Samantha, in her first evaluation. 2. Counseling: Plaintiff/Respondent shall be ordered to attend the four (4) counseling sessions for her anger and parenting skills, as was recommended by Dr. Pauline Wallin in her custody evaluation. 3. Compliance: Plaintiff/Respondent shall comply completely and fully with all components of the present custody order. 4. Attorney's Fees: Because of her willful violation of all past custody orders and most recently the custody order of July 25, 2001, Plaintiff/Respondent shall be directed to pay Defendant/Petitioner's reasonable counsel fees, costs and expenses which were required for the preparation and presentation of this petition and attendance at the conference and any hearings that may be required. 5. Any other additional relief this Court deems equitable. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: February -.L, 2002 t Susan Kay Can jell , Esquire Counsel for De enda a/Petitioner PA I.D. # 6499 5021 East Trindle Road, Suite 100 Mechanicsburg PA 17050 (717) 796-1930 FED-11-2002 12:41 PM . .......... -_..-...._ ..... - ._... ?.._.. Fab 11 Ott Ibi34a GKC LAW P.01 717-788-1833 -P.2 The undonigned hereby verifies thtt the facts averted is tho foregoing doeumcnt are true and cornet to the boor of his knowlocIp. information. and bellef. This verification Is male subject to the penaltion of Ig Ian. GS.A. 449P< relating to unswurn falsification to nuthadves. DATED: ?' ??l1Z ASVDRBW ANTHONY J% S EXHII V Qa r: stir :^ f??22? /?rJTjfcA/ _JE?N l.?J?:S Vr!Ilhouei 3 Nanla d.,,, LJ.LZ3r' Adrlav COYISIaINZ?D Phone No. _CS"L9s3=D_`1? rL_ Petitioner in pro per IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF --/'/ r-4 A 10 11 12 13 14 15 16 17 18 19 i 20 21 22 23 24 25 26 IngJre?the marriage of ) Diva 14 5 7 3 '!-=S_ .) CASE NO. Petitioner, ) and j DECREE OF DISSOLUTION OF MARRIAGE r?1T/ -\z ) ith Minor D Without Minor 1? r •y CS_ aY/O Children Children Respondent. ) - /lssignetl To Jud9k. ? Pro Temoore This cause coming regularly before the Court silting without a jury. The Court having acquired jurisdiction over the parties in a manner authorized by law. The petitioner having been first duly sworn and giving testimony in the premises from which [lie Court finds Thal al the time this action commenced, pelilionerhad been domiciled in the State of Arizona fora period of more than g0 days (Orwhile a member of the United Slates Armed Forces has maintained such presence in the Stale of Arizona for more than 90 days); that the conciliation provisions of A.R.S. § 25-381.09 either do not apply or have been met; that the marriage is irretrievably broken; and that there (checkoneboxandcomplefe) D are (e) -/diving child(ren) the issue of this marriage. To the extent that it has the jurisdiction to do so, the Court has considered, approved and made provisions for (1) the maintenance of either spouse, the disposition of community property and/or debts, and if applicable, the custody of any minor child common to the parties, the support of any natural or adopted child common to the parties of the marriage entitled to support; any agreements between the parties as alleged in the petition or any addendums thereto; and/or any other relief that serves the best interest of the parties. NOW THEREFORE, IT IS HEREBY ORDERED. ADJUDGED AND DECREED that the bonds of matrimony hereto existing between the parties be, and are hereby dissolved; and IT IS FURTHER ORDERED as follows: (check applicable blocks and complete) ? That Ilia wife be restored her former name of i nf v6S ? e 1994 ALPHA ENTEnPHISES Or AnIZONA.1110. All righlx resnrvtl. FORM 200 Page 1 SPOUSAL MAINTENANCE • isarr,4 1 O Spousal Maintenance is awarded to (check one) ? petitioner (? respondent), the amount of 2 $ per month, commencing , 19 .- , and 3 continuing herea;ter on the same day each month until - unless sooner terminated by Court Order, remarriage or the death of either party. 4 O Notwithstanding any amounts that maybe awarded above as Spousal Maintenance, the (check one) ? petitioner (? respondent) shall pay Such additional amounts as lollows: 5 6 7 8 No spousal maintenance shall be ordered in this action. ? All spousal maintenance shall be paid through the Clerk of the Court in the manner required by taw and g shall include those fees required under A.R.S. § 11-544(a)(ii). WAGE ASSIGNMENT 10 ? The Court finds good cause pursuant to A.R.S. § 25-323(C) to order that all spousal maintenance 11 - ordered in this action shall be paid by an assignment of the periodic earnings or periodic entitlements of the (check one) ? respondent (? petitioner) who is presently receiving such earnings or 12 entitlements from the following employer (or payor): Name of employer (or payor) 13 Address 14 City/Slate/Zip 15 Pursuant to § 25-323, Notice of this assignment shall be issued forthwith by the Clerk of this Court. RETIREMENT BENEFITS 16 Not applicable as neither party has an interest in any retirement or pension plan. 17 ? That respondent shall (check one) ? waive (? pay over) in favor of petitioner % of all present and future claims to any and all accrued retirement benefits due from: 18 Name of employer (or payor) 19 Address 20 City/Stale/Zip - ? That petitioner shall (check one) ? waive (? pay over) in favor of respondent % of all 21 present and future claims to any and all accrued retirement benefits due from: 22 Name of employer (or payor) Address 23 City/Slate/Zip 24 ? The division of the Retirement Benefits Ordered in this case, shall be by a separate QUALIFIED DOMESTIC RELATIONS ORDER prepared and filed in accordance with this Decree of Dissolution of 45 Marriage, and when so filed, shall be incorporated hereto as one and a part of this DECREE. 25 0 1994• ALPHA ENTEMISES OF AnIZONA, INC. FORM 201 Page t All dghls,meNed. CHILD CUSTODY AND VISITATION ORDER 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 16 19 20 21 22 23 24 25 26 1. Thal custody of the minor child(ren) common to the parties, to wit: and , and/or any Child expected by wife is hereby awarded: O a. to (check one) O Petitioner (O respondent), subject to reasonable visitation by the other parent (A.R.S § 25-337). O b, to (check one) D petitioner (? respondent), subject to specific and/or conditional visitation by other parent as follows: Bic. to both petitioner and respondent with Joint Legal Custody, but subject to physic al custody. as provided in the Joint Custody ParentingPlanfiledbythepartiesandherewithapprovedbylheCour1. And from the testimony given, the COURT FINDS: 1. Neither parent, as a condition of granting or withholding his or her agreement, was influenced by duress or coercion with respect to any factors before the Court; 1 2. The parents can sustain an ongoing commitment to the child(ren); and 3. The Joint Custody Parenting Plan is logistically possible. CHILD SUPPORT ORDER 2. All child support ordered in this case shall be by a separate Child Support Order prepared and filed in accordance with the Court's Findings made pursuant to the Child Support Guidelines adopted under Dissolution A.R.S. § 25-320; and when so filed, shall be incorporated hereto as one and a par[ of this Decree Of Of Marriage. 3. That (check one) O petitioner (Respondent) shall have the right to claim the child(ren) as dependent deductions on his(her) Federal and Slate Income Tax Returns, until or unless otherwise ordered by this Court. I994, ALPHA EN rEnPnISES OF AnIZONA. INC. All 1191111 lml.d. FORM 202 Page 3 COMMUNITY PROPERTY AND DEBTS 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 1e 11) 20 21 22 23 24 25 (Check applicable boxes and complete, where required) ? There Is no community property to be awarded to petitioner. ?/?p?? 0-'The petitioner is awarded the following community property, to wit: 61 g Y/1?r"NA C"/S[ZG [lo%C'ec)g Eg 9 P_lAL ua/WRCrC JixkgnaPAnigy BU 444 PEr?sAL. PaoPE2fY 1,U n0$fC$$/o.aJ? ??CLtJC1.uC- NUUSCNOLD FU21(-SV( 1-Qj A,uV EFFCCTS, ? There are no community debts to be awarded to petitioner. w/Petilioner is ordered to pay the following community debts, to wit: Name and address of Creditor Amount owed -rRC (L,N CA6C): P Q - A 0 x 700 4 .. A.)_ AHF/ct, CA 92850 - Zo-o-l s c There Is no community property to be awarded to respondent. s s s s m'7he respondent is awarded the following community property, to wit: 19R7 90,1245 4C ^ 0.- Sr`ILIAL Vtjmn"C4!-Lnst-AS53Lr/JAo250d3 '?L` ?Pr_SonIAL ftic?/. T?/ IN 10JS5'6:S.'j10/J, IIJ(2Lf) J/1/? ??OUSCNOL/J FU?U'SG/IJG=S GUOJ EFFh c TS . O There are no community debts to be awarded the respondent. 2(The respondent is ordered to pay the following community debts, to wit: Name and address or Creditor Amount owed Is 5*,4IY0.37 s S s s Pelilionerand respondent shall hereinafter hold each other harmless against any and all claims or demands arising out of those debts so decreed to the respective party. 26II e19er.ALP14AEli TEnpmsEsOF AnIZONA.Inc. FORM 263 Page _1 All lights leserved. 1 2 3 4 5 6 7 12 13 14 15 16 17 16 19 20 21 22 23 24 25 That such other and further relief as may be deemed just and proper to either or both of the parties is ORDERED as follows: 9 9 10 11 DONE IN OPEN COURT THIS day of MQY 1 - 1997 ,19 _ 1??Rcr! • ADAM JUDGE OR COURT COMMISSIONER A copy of the foregoing Decree was (will be) an allied (hand delivered) to Respondent the ?/d@y of v`P 19 J?_ e. /H! i (Poll Slgnatu 2611 -1994. ALPHA ENTERPRISES OF ARIZONA. INC. All lighb Inured. FORM 204 Page S EXHIBIT ". Pauline Wallin, Ph.D. 201 South 32nd Street Licensed P.+' rhalogist Camp Hill. PA 17011 & Associates (717) 761.1814 FAN(717)761-1942 FMAIL: pwalpnl?+p:unilina.cum CUSTODY EVALUATION REPORT March 28, 2000 Child's Name: Samantha Jennings Birth Date: 5118195 Parents: Andrew Jennings Glenwyn Beth Pasquali Dates of Assessment: January - March 2001 Assessment Procedure • Interviews with Andrew Jennings, Samantha's father • Interviews with Beth Pasquali, Samantha's mother • Interviews with Kathleen Jennings, Samantha's stepmother • Interviews with Christian Pasquali, Samantha's stepfather • Interviews and behavioral observations of Samantha, alone and with each parent or stepparent • Psychological testing Adults: Minnesota Multiphasic Personality Inventory (MMPI) Samantha: Children's Apperception Test (CAT), Drawings • Interview with Kay Ferguson, Mr. Jennings' mother-in-law • Interview with Toni and Caryl Yohe, Mrs. Pasquali's mother and stepfather • Review of records • Interim Court Order, 12/11/2000 • Custody Conciliation Summary report, 12/5/2000 • Correspondence between attorneys • Petitions and orders filed in Arizona regarding this matter • Correspondence and e-mails between Mr. Jennings and Mrs. Pasquali • Letter from Dorell Francis-Jennings, Mr. Jennings' mother, regarding his relationship with Samantha Referral: A custody evaluation was ordered by the Court in order to provide information on which to make a decision regarding custody of Samantha. Mr. Jennings has alleged that Samantha's mother unlawfully took her out of Arizona, where they all had been living. Mrs. Pasquali had not allowed Samantha to visit him, until ordered by the Court to do so last December. Mr. Jennings has filed for primary physical custody of Samantha. CONSIX3,N1'ION • HVALUXI ION • PSYCIIOI'I WAVY Paspali v. Jennings... Page ? Background Data: Mr. Jennings and Mrs. Pasquali were divorced in 1997. At that time they were both living in Arizona; having recently completed their assignments in the U.S. Air Force. In February 1999 Mrs. Pasquali (then Jennings) brought Samantha to Pennsylvania, where her family lives, Mr. Jennings claims that he thought they were just going for a visit, but Mrs. Pasquali maintains that he knew she was moving here. The parents had joint legal and physical custody, but there was no schedule for access by the parents. Mrs. Pasquali refused to allow Samantha to visit her father, allegedly because he threatened to take her and not bring her back. In August 2000 Mr. Jennings petitioned to the Arizona Court to enforce the joint physical custody order, so that he could see his daughter on a regular basis. Mrs. Pasquali then petitioned to move jurisdiction to Pennsylvania, and for her to retain primary physical custody. By that time, Samantha had been in Pennsylvania for a year and a half, and the Arizona Court deferred jurisdiction to Pennsylvania The parents do not communicate well with one another. Most of their recent communication has been between their attorneys. It is also noted that the parents are of different races: Mr. Jennings is black and Mrs. Pasquali is caucasian. Neither parent has claimed that race is a major issue in their disagreements with one another. ANDREW JENNINGS Interview Data Mr. Jennings, age 29, arrived promptly for his appointments. He resides in Tucson, Arizona, but flew up on three occasions to meet with me and to visit with Samantha. He was neatly groomed and casually dressed. He was friendly, with good social skills, and spoke in a well-modulated voice. He came to our first meeting with a briefcase full of documents pertaining to his case. He said that he has been trying to visit with his daughter ever since her mother took her to Pennsylvania in February, 1999. When she left, she had allegedly told him that she was going to visit her dying grandmother. (She denies having said this.) When she didn't return, he tried to maintain a relationship with his daughter through phone calls and gifts. However, Mrs. Pasquali undermined his relationship with her by not allowing him to talk to Samantha, by not giving her Pasquali v. Jennings... Page J the gifts and cards that lie sent, and by refusing to allow her to visit him. She also allegedly made derogatory comments to Samantha about him, which Samantha later repeated to him. Mr. Jennings is especially concerned that Samantha's emotional and physical welfare is in jeopardy. She told him that she wanders around the apartment at night when her mother and stepfather are asleep. Site said that she gets yelled at and spanked a lot by her mother and stepfather, and that her stepfather "spanks hard." When she visited hint last December, he observed her hitting her dolls and hitting a little boy that his mother-in-law takes care of. In addition to the spanking, he is concerned about Mrs. Pasquali's morals. After they had separated she lived with two different men before marrying her current husband, and he believes she may have had other relationships as well. Mr. Jennings believes that Mrs. Pasquali is not acting in Samantha's best interests. He believes that Mrs. Pasquali is deliberately interfering with his ability to develop a relationship with his daughter. In addition to the allegations stated above, he has documentation that she told Samantha that she is better off without him. Mr. Jennings focussed much of his conversation on Mrs. Pasquali, and on his frustrations with her. Prior to the Court setting up a regular time when he would call and speak to Samantha on Saturdays, he would call and leave messages at various times. Mrs. Pasquali refused to have Samantha call him back, ostensibly because she couldn't afford long-distance phone calls. Mr. Jennings invited her to call him collect, but she did not do so, even on Father's Day. He said that he and Mrs. Pasquali had agreed, in November, 1999 that Samantha would visit him the following May. (Either he or his mother would fly out with her.) However, Mrs. Pasquali later changed her mind, telling him she didn't want her daughter visiting him at all. Mr. Jennings is also frustrated by Mrs. Pasquali's general attitude toward him. He describes tier as rude and disrespectful, resorting to profanity and name calling in Samantha's presence. During one of his recent visits, when he was to bring Samantha on a Saturday morning (2/2/01) to an appointment with me, he arrived without her. He told me that Mr. and Mrs. Pasquali had refused to allow Samantha to go with hint. Apparently Mrs. Pasquali did not believe that Samantha had an appointment with me, because she did not recall my having informed her. She then called my office to confirm the appointment, but Iliad not yet arrived, so her call was taken by the answering service. During the exchange between the Jennings and the Pasqualis, Mr. Jennings reported that both Mr. and Mrs. Pasquali were yelling at him, his wife and his mother-in-law. Mr. Pasquali called his mother-in-law a "hag" in front of Samantha. Mrs. Jennings reportedly took Samantha to tier car, but Mrs. Pasquali shoved tier away and removed her daughter from the car, and called the police. When the police came, they told Mr. Jennings that unless he had a court order, he had to leave without his daughter. Pasquali V. Jennings... Page 4 Later, at my office, I tried to call Mrs. Pasquali, but there was no answer. I called her attorney, but she eventually brought Samantha to my office on her own. The Pasqualis have a slightly different version of what happened that morning, which I will describe later in this report. Mr. Jennings believes that Samantha will be better off in his custody, because he will not try to keep her from her mother. She will also be with a parent who resembles her racially, and he wants her to feel connected to her Jamaican heritage. Mr. Jennings lives in a house in a more suburban setting, where Samantha can play outside. Her mother lives in an apartment above a store on a main street. In addition, his mother-in-law, who lives in a trailer on his property, will be available to take care of Samantha when she is not in school and when lie and his wife are at work. When Samantha is with him, she is reportedly happy. She has never asked to call her mother. When he suggests that she call her mother, Samantha says she doesn't want to. When it's time to return to her mother, Samantha is reluctant to go. He believes that Samantha "is destined for greatness" and he wants to help foster that destiny. Personal History Mr. Jennings grew up in Queens and The Bronx, New York. His parents were divorced when he was eight years old. He and his older sister were raised by their mother, whom he describes as a "very strong woman." He described himself as a "very challenging child" and is grateful to his mother for the strong discipline that she used. His father, who had been physically abusive to his mother, has since "changed his ways." Young Andrew did not hang out with gangs. He didn't smoke or drink or get into legal trouble, but he took physical challenges and had no sense of danger. He would experiment with things. For example, once he made his own chemistry kit. In school he was a good student and skipped second grade. At age 14 he decided he wanted to enlist in the Air Force and become a pilot. To prepare for this dream, he attended a special high school where he learned airplane mechanics. After high school he enlisted in the service, but in Basic Training he learned that lie was ineligible to become a pilot, because he had a red/green perceptual deficiency. Nevertheless, lie decided to make the best of his four years there. He was picked for an elite drill team - the Honor Guard - which performed at weddings, parades and funerals. "We looked good," he told me. He also received awards: the Elite Honor Guard of the month, and the Elite Honor Guard of the quarter. "This proved I was the best of the best," he said. "It was a lot of discipline, but I learned discipline was an important part of my life. Pasquafi 11. Jeaaiags... /'age 5 He met Beth at a barracks party just before the Gulf War. When most of their friends were sent overseas, they turned to each other for comfort. In retrospect, he realizes that lie never "fell it, love" with her. The marriage had rocky beginnings. They were both only 20 years old when they married. Prior to their marriage Beth had "pretended" to like everything he did, including music, TV shows, etc. After a month of marriage he found out that she didn't share his interests. He also said that she was selfish and needy. She reportedly resented his going out with his friends, and expected him to spend all his free time with her. He had hoped that the birth of Samantha would bring them closer together, but things only got worse. Beth kept threatening divorce. He finally got tired of her threats and filed for divorce himself. Mr. Jennings described his work history. Except for his military service, in which he ran the commissary, most of his work has been in hospitals. He currently processes admissions in an emergency room. His work hours are 12:00 noon to 8:00 p.m. He is in good health. He drinks alcohol infrequently, on social occasions. Psychological Testing Mr. Jennings approached the MMPI in a highly defensive manner, minimizing problems and denying even socially acceptable shortcomings. This is consistent with his interviews, in which he made frequent reference to the importance of impression and appearance. It is important for him to appear competent and in control. The clinical scales were well within the normal range. There was no evidence of depression, anxiety, or problems with normal thought processing. There was no indication of any tendency toward overly aggressive or violent behavior. There was some evidence that he tends to avoid conflict. When he becomes annoyed or upset with someone close to him, he is not apt to confront the person directly. Instead, he is more likely to express his feelings in roundabout ways, such as through silence or other passive aggressive behavior. He may even deny having angry feelings when questioned about his behavior. Behavioral Observations with Samantha Mr. Jennings was at ease with his daughter. He enthusiastically joined her in play on the floor. He was quite animated and verbal, talking to her continually during their time together. He Pasquali v. Jennings... Page 6 would comment on what she was doing, and would ask her questions, usually of an educational nature. e.g., "What kind of animal is that?" Father and daughter played with sand during the first play session. During this time, his comments and questions were of a factual nature. During their second play session, Samantha chose more fantasy role-playing. He was equally enthusiastic and adept at participating on her level. When Samantha was struggling to put Legos together to make something for their fantasy play, he waited a couple of minutes before asking her if she needed help. For the most part, Mr. Jennings allowed Samantha to direct the play. However, he did set some limits, such as cautioning her not to overload the shovel with sand, and telling her not to take the clothes off one of the toy bears. When she did remove the mother bear's apron, he took the bear from her and reattached the apron. When Mr. Jennings saw how much Samantha enjoyed playing with sand, he promised to get her a sandbox to play with when she comes to visit. In summary, Mr. Jennings was quite at ease with Samantha. He readily engaged in play, but also took charge when necessary. GLENWYN BETH PASQUALI Mrs. Pasquali, who uses the first name Beth, took several weeks to set up an appointment with me. When I later asked her about this, she replied she hadn't known that she was to call me. Once she became involved in the evaluation process, she arrived promptly for her appointments. She was casually dressed and neatly groomed. She was soft-spoken and maintained good eye contact, but she seemed a bit melancholy in her tone and manner. Just as Mr. Jennings had devoted most of his interview time to criticizing her, site likewise dwelled on how he had made her life miserable. She said that while they were living in Arizona he never paid much attention to Samantha. Shortly after Samantha's birth, he was more interested in going out with his friends and playing Dungeons and Dragons, than being with her. When they separated, he saw Samantha only one day per week. When Samantha was sick, he wouldn't inconvenience himself to take time off work to care for her. "I've tried very hard to let him be a parent," Mrs. Pasquali said. After she and Samantha moved to Pennsylvania, his phone calls were sporadic. "Chen, all of a sudden last August, lie started taking an interest in Samantha. First he said that lie wanted to see more of her. Tlien Mrs. Pasquali received papers indicating that lie was trying to get custody. Pasquali v. Jennings... Page 7 Mrs. Pasquali made it clear that she does not like and does not trust Mr. Jennings. When talking about him she referred to him as "Mr. Jennings." When I asked her why she did this, she replied, "it helps distance me from him." She regards Mr. Jennings as an intrusion on her and her family. While he seems interested in Samantha now, she is concerned that lie tnayjust as suddenly lose interest. Mrs. Pasquali is now happily remarried, and Samantha loves her stepfather. She doesn't mind Mr. Jennings calling or visiting his daughter occasionally, but Samantha belongs with her family here in Pennsylvania. Mrs. Pasquali herself was raised by a stepfather, and regards him as her dad. She doesn't feel she missed much when her own father abandoned the family. Mrs. Pasquali believes that she is better able to take care of Samantha. "I'm the only stable, consistent person that's been in her life every day," she said. She contends that Mr. Jennings does not know Samantha. He puts his own needs ahead of hers. In Arizona he allowed her to watch violent TV shows. Samantha never expressed any interest in her father until he started calling all the time. And contrary to Mr. Jennings' claims that Samantha enjoys her visits with him, the child told Mrs. Pasquali that she was scared when she was there. She said that they made her hug Mrs. Jennings' mother, and she didn't want to. She added that she wanted to call her mother, but that her father wouldn't let her. Samantha told her mother that she wants to continue to see her father, but that he should come here to visit her. Mrs. Pasquali discussed her departure from Arizona. She had wanted to move back to Pennsylvania in 1996, but at that time didn't want to take Samantha away from her father. However, when lie showed minimal interest in the child, Mrs. Pasquali decided to move here because she missed her family. Contrary to Mr. Jennings' contention that he didn't know she wasn't going to return to Arizona, she claims that lie did know. He helped her pack the truck, and did not even want to keep any of Samantha's toys. Mr. Jennings reportedly plays "a lot of conflicting parent games." For example, when he's on the phone with Samantha, he says, "Your mommy doesn't always tell the truth." (She listens in on all their phone calls.) He also reportedly talks to Samantha about the court proceedings, which Mrs. Pasquali believes is entirely inappropriate. The fact that Samantha is affectionate toward her father, his wife and his mother-in-law, was dismissed by Mrs. Pasquali. She said that Samantha is affectionate toward everyone. I asked Mrs. Pasquali why she had refused to allow Samantha to visit her father until the Court ordered it. She replied that in the past Mr. Jennings had threatened to take Samantha and not bring her back. Therefore, she felt compelled to protect her daughter. Moreover, Mrs. Pasquali believes that Samantha is too young to be traveling across the country. 1 asked Mrs. Pasquali about the events on the morning of February 3, when she refused to allow Samantha to cone with her father to an appointment at my office. Mrs. Pasquali said that Mrs. Pasquali v. Jainiugs... page 8 Jennings had been rude to her and shoved her (which Mrs. Jennings denies.) Mrs. Pasquali did not know Kathleen Jennings nor her mother, and didn't know what they "would do to Samantha." Mrs. Pasquali said that she just had a feeling that Samantha wouldn't be safe with them. Mrs. Pasquali's dramatic reaction to the Jennings' visit reflects her opposition to encouraging a relationship between Samantha and her father. When Mr. Jennings came in for the weekend of 2/2/01 and picked up Samantha on Friday morning, Mrs. Pasquali insisted that he bring her back that afternoon rather than keeping her overnight. Later I learned from Samantha that this was because she had a play date. On 2/23/01 when Samantha was scheduled for an appointment with her father at my office at noon, Mrs. Pasquali called around 9:00 a.m. She said that because it had snowed, school was delayed, and Samantha's kindergarten schedule had been extended to later, such that she would miss school if she came to the appointment as scheduled. Mrs. Pasquali requested postponing the visit to later. When I told her that was not possible, she argued that Samantha had already had two unexcused absences, and could not afford any more. I assured Mrs. Pasquali that I would provide a note for the school, but she continued to protest. It was apparent that the issue was not merely Samantha's missing an hour of school. Mrs, Pasquali says that she and Samantha are very close. They read and play games together, go to the park and visit friends and family. She acknowledged that Samantha can be bossy or stubborn at times, and that she needs to be disciplined. She said that she tries redirecting Samantha, and, if that doesn't work, she uses time-outs or revokes privileges. She also spanks Samantha on the bottom if her physical safety is at risk. Samantha has trouble getting up and getting going in the morning because she "dilly-dallies." She also sometimes doesn't finish her work at school or her chores at home. Mrs. Pasquali has to keep saying to her, "Samantha, did you brush your teeth?" "Are you doing what you're supposed to be doing?" etc. Recently, site learned that it helps to set the tinter in order to get Samantha to hurry up. Mrs. Pasquali claims that she allows Samantha to call her father whenever she wants, but that Samantha does not ask to call him. On a form that I give parents to fill out I noted that Mrs. Pasquali had not answered the f questions, " Alhat is your major weakness as a parent?" and "What is the best characteristic of the other parent.?" I later asked her about this. She said she couldn't think of anything to write in r response to those questions. She couldn't think of anything lacking in her parenting. She always reads parenting articles in magazines, makes sure that Samantha has a good diet and doesn't watch too much TV. "We're very much joined, connected," she said. "I don't know that that is a weakness," she added. i i, Currently Mrs. Pasquali and her husband are full-time students. She takes Samantha to the day care program at HACC while she is in class. She also works part-time in a hospital as an aide. I t_3L.pg Pasquali v. Jennings... Pi ge 9 Personal History Beth Pasquali grew up in New Cumberland, the youngest of three children. Her parents divorced when she was two or three years old. Her mother remarried her stepfather when she was eight. Mrs. Pasquali doesn't know her biological father, since lie wasn't involved in the family. She said that "he lives around here somewhere," but that she has no contact with hint. She describes her mother as very talkative and friendly, and her stepfather as warn, emotional and "very lovey." In school she described herself as a "peek." Academically she was a B student. She was quiet and "didn't do the `in' thing." In eighth grade site started taking karate lessons and eventually earned her black belt. She was also involved in horseback riding and the youth group at church. She became interested in the military when her high school boyfriend signed up. She enlisted in the Air Force so that she could eventually use the GI Bill to pay for college. While in the service she worked in the pharmacy. During that time she was quite homesick and talked to her family frequently. When she met Andrew Jennings site found him personable, outgoing and fun. In retrospect she realizes that they married too young and that lie wasn't ready to have a family. In 1993 they left the service and moved to Mr. Jennings' mother's place in New York. Because she couldn't find work there, she went to stay with her parents in New Cumberland. She worked part-time in a hospital pharmacy and also a clothing store. She saw Mr. Jennings on weekends. After a year, when he decided he didn't like his job, they moved back to Arizona. She then found out that she was pregnant. She was quite sick during the first half of her pregnancy. Mr. Jennings moved out in January, 1996, when Samantha was eight months old. The divorce became final in May, 1997. After the divorce site dated two men in Arizona: the first for a few months and the second for two years. Site lived with the latter for about six months. He was going to follow her to Pennsylvania after site moved back here, but the relationship fizzled once they were geographically separated. She met Christian Pasquali while working at Merck-Medco. She found him friendly and family- oriented. He is also a "homebody" like herself. He "doesn't need to be always going somewhere." She currently lives a quiet life. She does not drink or smoke. Her health is good except for endometriosis. She received a medical discharge from the Air Force for this condition. {7.?:""? Pasquali v. Jennings... Prrge 10 Psychological Testing Mrs. Pasquali approached the MMPI in a defensive manner, which is typical in this type of situation. The profile was within the normal range, with no evidence of depression, anxiety or problems with thinking or concentration. There was some indication of interpersonal difficulties. Although she tries to maintain a cheerful front, she harbors resentment and hostility. She tends to provoke anger from others via passive-aggressive behavior, and then to perceive herself as a victim of unjust treatment. There was no evidence of tendency toward overly aggressive or violent behavior. Behavioral Observations with Samantha While Mrs. Pasquali was soft-spoken with me, when I observed her with Samantha she spoke almost in a whisper. This may reflect a kind of intimacy that she wanted to project. It was certainly a contrast to what Samantha told me about her mother yelling at her at home. In their initial play session together Samantha took the toy doctor kit front the shelf. Her mother adopted the role of a frightened patient with a belly ache, pleading, "Please, doc, not today," when Samantha pulled out the toy hypodermic needle. Mrs. Pasquali was quite dramatic as she cried softly while Samantha prepared to give her a shot. Afterwards she asked Samantha if she should be sick again, or whether Samantha wanted to play the sick role. Throughout their session, the mother spoke in melancholy tones. In their second play session Mrs. Pasquali engaged in fantasy play with Samantha. In several of her exchanges she used negatively charged emotional words. For example when trying on a mask she said, "I'm scared." When Samantha decided to use a Big Bird figure to make chicken soup, her mother commented, "It makes me sad." Such comments, as well as those while playing doctor in the previous session, elicited sympathetic responses from Samantha. Mrs. Pasquali was comfortable in her interactions with Samantha. In general she followed Samantha's lead in play, while offering occasional suggestions. I did not observe any opportunity for her to exercise discipline in my presence. SAMANTHA JENNINGS Interviews and play observations Samantha is an outgoing, talkative youngster. She separated readily from the adults accompanying her to join me in the playroom. She was quite distractible as she explored the playroom, picking up one object after another. However, when I asked her to sit down and draw Pasgaali v. Jennings... raga II some pictures, she complied. While drawing she said, "I was kind oftiervous about coming here." When I asked why, she replied, "l thought it was form making me go back there." (referring to Arizona.) During a story-telling task, Samantha digressed to talk about her father. She referred to him as "Andrew" on that occasion (but on other occasions she referred to hint and called him "Daddy.") She said that her mom doesn't like Andrew. "She thinks he's a bad person. I think he's a good person. She's a bad person because she tells lies about him." When I asked Samantha who told her about that, she replied, "Andrew." On the morning of 2/3/01 after the altercation between the Pasqualis and the Jennings, I asked Samantha what happened. She said that her mother and stepfather were yelling, but that she didn't hear her father or stepmother yelling. She said that Mr. Pasquali had called Mrs. Ferguson (mother of Mrs. Jennings) bad names. Samantha explained that her mother didn't want her to come to see me that day "because she loves me" She added that her mother is afraid that her father will steal her. However, Samantha denied that she, herself was afraid of that. In fact, that morning, in contrast to the previous day, site said that she wanted to live in Arizona with her father. On another day, when I asked her first how she'd feel if thejudge said she was going to live with her father, she answered, "I'd like that." When I asked her how she'd feel if the judge said she was going to live with her mother, she replied, "I'd like that too." From her interview and play data it is clear that site feels close to both parents. During some of the play sessions I invited Samantha to make a wish with a "magic" wand. She wished that she could fly, that she was a cat, that she could have candy all the time, and she also wished that she wouldn't get into trouble so much. I asked her to tell me more about her getting into trouble. She said that site gets into trouble for "lots of things." That morning her mother yelled at her because she hadn't made her bed. She said that she is always late in the morning because "I fall back asleep." One of Samantha's favorite activities in the playroom was to play with sand. Children generally find sand very soothing. Samantha used the sand as a base for her fantasy play as well. Samantha engaged readily in play with all the adults. When she went to bring her father or her stepmother up to the playroom, she led them by the hand. While playing with the sand, Samantha was very verbal. She asked all sorts of questions about sand and about creatures that live in the ocean. She also stopped to ask Mrs. Jennings (who is pregnant) if she was tired. When Mrs. Jennings replied that she was a little tired, Samantha asked "Why?" Mrs. Jennings answered that the baby is growing. With her mother Samantha was especially caring. During their role play in which her mother pretended to be sick, Samantha was gentle and tender. When they reversed roles, Samantha U _'_. I Pasgaali r. Jennings... Page 12 imitated what her mother had done. When they played with the sand, Samantha pretended to prepare some special "tomato soup" for her mother. In general, Samantha's behavior and demeanor during play reflected that of the adult who accompanied her. Thus, with her mother site was subdued and gentle. With her father, who exuded more enthusiasm, she was animated and talkative. She seemed less serious with her father than with her mother. With her stepfather Samantha seemed relaxed. She called him "Dad." She enjoyed burying objects in the sand and having him find them. In this session her play took on a somber theme. She pretended that there was a sandstorm and that the people were trapped. A snake pulled some of them out of the sand, but "the other guys got knocked in and got buried." This theme may reflect Samantha's own anxiety about being overwhelmed by the parental forces tugging on her. It must have set off an emotional reaction, because a couple of minutes later Samantha announced that she had to go to the bathroom. A few seconds later she said, "I think I had an accident." She had wet her pants. Site showed no embarrassment about this. Mr. Pasquali said this had never happened before. When Samantha played with her stepmother she conversed and asked many questions. She pretended to call her on the toy telephone. Most of Samantha's play with Mrs. Jennings, however, was of a factual stature rather than fantasy role-playing. Drawings and projective testing Samantha's first drawing was of herself. She selected a brown marker, "because I'm brown," she explained. This indicates that she has formed a racial identity. Her drawing was developmentally appropriate for her age. I therm asked her to draw her family, with each person doing something. Site drew herself, her mother, her stepfather and her father. None of the figures looked as if they were engaged in any activity, but Samantha pointed to each one and described them: She was jumping; her mother was falling down because she was dizzy; her stepfather was waving and her father was "just sittin' there." It is apparent that she does not yet have a good sense of who her father is. It is also apparent that she perceives her mother as frail. I administered the Children's Apperception Test (CAT). This is a series of pictures, each depicting animals its various situations. The child is asked to tell a story about each picture. The resulting stories reflect how the child views herself and her world. Samantha's stories revealed themes of unresolved conflict between parents, anxiety over uncertainty, and separation from parents. These are all issues that Samantha is currently dealing with. She also depicted themes Pasquali %% Jennings... Page 13 of getting into mischief, and of having to learn to share. There was no evidence of depression or other serious emotional problems. KATHLEEN JENNINGS Mrs. Jennings, age 31, has been married to Samantha's father for almost a year. She described him as a "wonderful father": loving and caring; strict, but in a positive way. She said that Samantha loves to cuddle up to him and wants to be with him "every second." Although Mrs. Pasquali reported that Samantha had told her that her father and stepmother would not let her call when she was visiting them, Mrs. Jennings said that Mrs. Pasquali called several times a day, leaving messages on the answering machine. They didn't return calls because they were out doing things all day, and when they arrived home Samantha didn't care to call her back. "I just talked to her," Samantha reportedly said. "Wiry is site calling me?" During Samantha's visit over Christmas, she told Mrs. Jennings that her mother said she had to change her last name to Pasquali so that she would "belong." She also said that her father wanted to kidnap her. When it was time to go home Samantha didn't want to leave. Mrs. Jennings was open about her contempt for Samantha's mother. Site criticized her for using Samantha as a possession, for allegedly telling the child that she doesn't need to see Andrew because she has a new daddy now, and especially for her behavioral display on the Saturday morning when she refused to allow Samantha to go with her father to my office, insulted her mother, and physically attacked Mrs. Jennings. Mrs. Jennings said that site prays for Samantha every day, and ]topes that the tug of war between the parents will soon end. She described her own childhood. She was born in San Diego. Her parents were never married, but her mother married her stepfather when site was two years old. There was periodic turmoil in the family. Her step-siblings were suddenly taken away by their mother one day. Her brother was abducted by his biological father. The family took in dozens of foster children over the years, which Mrs. Jennings recalls as a not unpleasant experience for her as a child. In school, Kathleen was a good student. She took accelerated classes and graduated from high school at 15. She described herself as very obedient. "1 did everything by the book," she said, because she didn't want to disappoint her parents. She attended community college first in Las Vegas, where the family was living at the time, and later in Washington state. Pasqua!! v. Jennings... Page 14 She was married once before, for eight years. The marriage broke up because her husband was unfaithful. Her work history has included office work and emergency medical teclutician. She met Mr. Jennings, when she brought patients to the hospital where he worked. Most recently she has worked in a veterinary clinic. She is currently on leave from that job because of medical problems during her pregnancy. I observed Mrs. Jennings in interaction and in play with Samantha. She was warm and affectionate, but not overbearing. She allowed Samantha to direct the play. Samantha asked questions such as, "Will you teach me about sand? About how it's made?" and "Where do these shells come from?" Mrs. Jennings explained things in simple language that Samantha could understand. Mrs. Jennings' MMPI was within the normal range, but reflected a marked attempt to portray herself as virtuous. She denied depression. There is some indication of mild anxiety, but there is no evidence of any serious emotional difficulty. CHRISTIAN PASQUALI Mr. Pasquali, age 33, has been married to Samantha's mother for almost a year. They met at work two years ago. He claims that Mr. Jennings never showed much interest in Samantha until her mother remarried. He acknowledges that Samantha says she loves her dad and enjoys being with him, but he adds that Mr. Jennings has never had day-to-day responsibility for his daughter. After Samantha returned from her Christmas visit with her father, she was "distrusting." Mr. Pasquali believes that "they worked on her the whole time she was there." He added that it took her three weeks to get back to behaving like her old self. He believes that the stress of the custody litigation is taking its toll. On her last report card Samantha's teacher wrote that she daydreams a lot. I asked him about Mr. Jennings' allegation that Samantha wanders around the apartment in the middle of the night. Mr. Pasquali said that was unlikely, since he is a light sleeper and would have heard her. Mr. Pasquali said that he and his wife do not talk about Mr. Jennings in Samantha's presence. They try to keep her life as normal as possible. I asked him about the events of 2/3/01. He admitted that he had called Mrs. Ferguson a hag, but only after she had accused him of beating Samantha. He also said that the Jennings were ®1-- Pasquali v. Jennings... Page 15 impatient and rude, and that Mrs. Jennings did shove Mrs. Pasquali. He acknowledged that his wife was emotional, but he also said that Mr. Jennings deliberately presses her buttons. Mr. Pasquali briefly described his personal history. He grew up in Mechanicsburg, the second of three children. His parents are still married to one another. In school he described himself as a "fair" student, an underachiever. After high school he joined the navy and received an honorable discharge in 1988. It took him several years to find a direction in life. He worked as a data entry clerk at Gannett Fleming for a year, then went to college for about a year and dropped out. He worked at pizza restaurants for several years. In 1997 he got a DUI. This seemed to serve as a wake-up call. He stopped drinking and within a year was enrolled as a full- time student at Messiah college, majoring in accounting. He is currently a senior at Messiah college, and will graduate in December. Mr. Pasquali enjoys family life. Samantha calls him "Daddy." No one told her to do so. She spontaneously started addressing him as daddy shortly after he married her mother. Mrs. Pasquali takes care of Samantha's daily routine and personal grooming, but he cooks most of the meals. The family tries to have dinner together most evenings. He works part-time on weekends delivering pizza. I observed Mr. Pasquali in play with Samantha. Hejoined her on the floor near the sand box. His manner was relaxed and low-key. As they played they engaged in conversation, mainly concerning the objects they were playing with. When Samantha wet her pants he remained calm and took care of the problem unobtrusively. Mr. Pasquali's MMPI was within the normal range, but indicated an attempt to present himself in an overly positive light. He may have some difficulty expressing anger. Although he is sensitive to criticism and his feelings are easily hurt, he is not apt to confront the other person immediately. By the time he does express anger he is apt to overreact. Nevertheless, there is no evidence from the testing or clinical data of any tendency toward violence. Nor is there any indication of serious emotional problems. KAY FERGUSON Mrs. Ferguson is Kathleen Jennings' mother. She lives in a trailer on the Jennings property, but spends much time in the Jennings home. When Samantha visited them, Mrs. Ferguson spent a lot of time with her. During that time she also babysat Matthew, a little boy around Samantha's age. Mrs. Ferguson noticed that when Matthew wouldn't do what Samantha wanted, Samantha would hit him. When Mrs. Ferguson asked her why she hit him, she replied, "He upset me," or "He scares me." When she had to discipline Samantha (by talking to her firmly) in the car because she kept smacking Matthew with the seatbelt, Samantha later told her father that Mrs. Ferguson scared her. - - Sr Pasquali r. Jennings... Page 16 Most of the visit, however, Samantha and "Grandma Kay" got along well. Mrs. Ferguson overheard Samantha playing with Matthew. She said to him, "i get spanked a lot. Do you get spanked a lot?" She also told him that her mother yells. In addition Samantha told Mrs. Ferguson that Christian spanks really hard and that her mother gets mad a lot and hits and yells. Mrs. Ferguson said that Andrew is a good father, but that lie "needs to learn `the child's age plus two' when it comes to lectures." Apparently, lie would explain too much and for too long when correcting Samantha, which made her get very quiet and look scared. She remarked that Samantha seems to be a sad child. Mrs. Ferguson has some medical problems: fibromyalgia and osteoarthritis. She maintains that while her mobility is limited by these, she is able to carry out daily activities and take care of Matthew on a regular basis. She has done graduate work in psychology and used to work as a counselor, specializing in anxiety and panic, which from she herself used to suffer. TOM AND CARYL YOHE Mr. and Mrs. Yohe are Beth Pasquali's stepfather and mother. Mrs. Yohe said that Samantha was quite well adjusted before Mr. Jennings started the custody litigation. Now she gets upset easily. Samantha was always an emotional child, but recently she has been more so. After a recent weekend visit with her father Samantha didn't want to talk to her mother for a while. She has also had gastrointestinal problems, including vomiting and constipation, which Mrs. Yohe attributes to stress. Mrs. Yohe was explicit in her dislike of Mr. Jennings. She said that he makes a favorable initial impression, but that he is a "totally self-consumed, me-person." When she went to Arizona to visit after Samantha was born, he spent most of his time upstairs with his computer games. After Samantha's parents split up, Mrs. Yohe went to visit Beth again. During the three weeks she was there she heard Beth on the phone asking Andrew to keep Samantha an extra night or attend a doctor appointment. He refused. Mrs. Yohe believes that the physical distance between Samantha and her father is entirely the fault of her father. She does not hold Samantha's mother responsible in any way. She believes that Beth had no other choice but to move back here. Mrs. Yohe claims that Mr. Jennings' mother furnishes the money for Samantha's child support, because he spends all his money on games and comic books. He is more interested in playing than in his responsibilities. When Samantha returned from a visit with him she told Mrs. Yolie that she doesn't get into trouble at her father's house because lie lets her do whatever she wants. Samantha is very close to her mother. When Mrs. Yohe used to babysit her, Samantha would frequently ask for her mother. Samantha and her mother are always hugging and kissing each other. As for the child's affectionate behavior toward her father, Mrs. Yolie said that she is 1'u.squali r. Jennings... Page 17 friendly and affectionate with everyone. She even told a man cutting down a tree in the yard, "I love you." Mrs. Yohe described Mr. Pasquali as a curing and involved stepfather. tic takes Samantha everywhere. lie plays with her constantly and she is always on his lull. During the interview Mr. Yohe didn't say much, When I tasked fior his input, he mainly expressed agreement with his wife. Ile too believes that the situation is stressful on Samantha, and that Mr. Jennings is the cause. LETTER FROM DORELL FRANCIS-,IENNINGS Mrs.Francis- Jennings is Andrew Jennings' mother. She wrote a letter ol'endorsement for her son. She described him as "a caring and nurturing lather, who with his gentle strength provides guidance to this daughter." In addition to praising him, she wrote that she had been present when Samantha repeatedly asked her father, "Daddy, why can't I stay with you and visit Mommy sometimes?" CONCLUSIONS Samantha Jennings, age 5, was brought to Pennsylvania by her mother in February, 1999 from Arizona. tier father has been trying to maintain conunLill ication and visitation with her, but claims that her mother has not only undermined but sabotaged his relationship with her. On the surface Samantha is it sociable, verbal child. However, she is somewhat anxious and perceives herself in a mildly negative light. She has been described by the adults with whom I spoke as loving, but bossy and stubborn. Samantha's mother believes she is acting in her daughter's best interest by protecting her from Mr. Jennings' overtures, which she believes are insincere. However, Mrs. Pasquali has deep- seated resentment toward Mr. Jennings and her actions reflect a motive of retaliation. She is continuing to punish him, using Samantha as a weapon. If she continues in this pattern, Samantha will become alienated from her father. Samantha's father believes that he has been unfairlyjudged and treated by his ex-wife. Nevertheless, he has no compelling reason, other than his work schedule, for not being more involved in Samantha's lilt when she was living near him. Perhaps he assumed that Mrs. Pasquali would continue to initiate contact between Samantha and him when she moved to Pennsylvania. Pasgunli v. Jennings... Page IS Mr. Jennings denies that he told Samantha that he is pursuing custody. He did tell her, however, that he has a lawyer who is helping him see more of her. Both parents have amassed a list of grievances against one another, which is common in this type of situation. However, their styles are different. Mr. Jennings relies on facts and documentation. Mrs. Pasquali reports her feelings and impressions. Each parent is mistrustful of the other, and tends to overreact when Samantha complains about one parent to the other. This is typical in situations where the parents jump to conclusions before checking out the story with one another. It is not surprising that Samantha is closer to her mother than to her father. She has been with her mother most of her life. However, the closeness is not always healthy. As noted earlier, Samantha seems to view her mother as frail and in need of support. When she "gets into trouble" for not doing her chores, she not only feels badly about herself, but she also feels guilty for upsetting her mother. In other words, she feels responsible for her mother's feelings. what she Mrs. Samanthatis l not afraid of her father, but has o told her mother that she is, because that for believes her mother wants to hear. Mr. Jennings is more straight-forward in his communication. He has had very little time with his daughter in the past two years. He is very confident that he can be a loving, effective parent, but at this point he has very little experience. Samantha is aware of her biracial identity. It is important that she maintain a connection with her father and his family. Both parents have done their share of "campaigning" with Samantha. They need to stop it. Neither step-parent presents any concern. Mr. Pasquali and Mrs. Jennings are each supportive of their spouses. There is no evidence that they are trying to exert negative influence on Samantha, nor that they would put her at risk. The maternal grandmother and Mr. Jennings' mother-in-law have polarized opinions about Samantha's parents. That is, the one to whom they are closely related is viewed as wonderful while the other parent is vilified. This is unhealthy for Samantha, since she tries to please everyone, and is bound to become confused when she gets caught up in the conflict. Pasgaali r. Jeaaiags... Page l9 RECOMMENDATIONS Regardless of Mrs. pasquali's (cars, Sauantha is not in any danger with her father. There is no reason why she should be denied access to him. I lowever, it is not appropriate to remove Samantha from her mother's care at this tittle. Samantha is quite close to her mother, and although Mrs. pasquali treats the lather with contempt, the child has not been alienated from hint. Although Samantha complains about getting into trouble, there is no evidence that she is being physically or nienlarry ahused, It is recommended (hat the parents share legal custody and that physical custody be shared as follows; Mrs. pasquali is to have physical custody during the school year. Mr. Jennings is to have physical custody for till but two weeks of the summer, at least 10 days over Christmas vacation and 4 days during spring break, holidays, long weekends (off school) and birthdays are to be alternated between the parents. Samantha's visits with her father are at his discretion, i.e., whether he prefers (o spend them here or in Arizona. • Saturday morning phone calls 111'c to he continued daring the school year. Samantha will not he at home, If, for any reason, Mrs. P,1squali should call Mr. Jennings (at her own expense) and inform him of an alternate time 11,11, same day. • It is also rcconunended 111,11 Sit, 11111111111 have all additional phone call with her father one night during the week. Mrs. pasquali should put more ellilrt into promoting the relationship between Samantha and her hither. The litllowing actions are recommended: 1. She will not refuse gills tin' Sanu ndia, nor will she withhold telephone messages. 2. She will encourage Su11uuuh11 to telephone her father and send him copies of her school work, pictures and other projects, 3. She will arrange to have copies ol'Sanumtha's report card sent to hint. 4. She will send hint tit least three photographs (at her own expense) of Samantha at least every eight weeks (except for the 1110111118 001111C, July and August). 5. She will ensure that Stunumha sends her lather a card on his birthday and on Father's Day. It is recommended 111111 Mrs. Pasquali attend a minimum of four counseling sessions to address parenting skills, Samantha's reports to tile, to her father, and to other people that she 1s always getting into trouble, suggests that her mother would benefit from learning more efleelive disciplinary strategics. • Neither parent is to talk to Samantha disparagingly about the other parent. i Pasquali r. Jennings... Page 20 • Her father will promote Samantha's relationship with her mother by the following: 1. He will tell Samantha, "Say hi to your mom" when he says good-bye to her on the telephone. 2. When Samantha is visiting him, she will talk with her mother at least once every three days, but more frequently as she requests. 3. He will send at least three photographs of Samantha (at his own expense) taken when she visits him during the summer and at Christmas. • Samantha is not to be used as a conduit to relay messages (except for greetings) from one parent to the other. The parents need to talk directly to one another, sticking to a business agenda, without going off on accusatory tangents. If they cannot do this, e-mail is acceptable, but will not be as effective. It is finally recommended that this case be reviewed in 18 months, to evaluate how well the parents are cooperating in raising their daughter. Respectfully submitted, ?. l?41" 1 ?r.?'C Pauline Wallin, Ph.D. Licensed Psychologist EXHIBIT 6`C" GLENWYN BETH JENNINGS (PASQUALI), PLAINTIFF V. ANDREW ANTHONY JENNINGS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7728 CIVIL TERM AND NOW, this --2=< -day of July, 2001, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Glenwyn Beth Pasquali and Andrew Anthony Jennings, shall have shared legal custody of their daughter, Samantha Elizabeth Jennings, born May 18, 1995. All decisions affecting the child's growth and development including but not limited to: choice of camp, if any; choice of daycare provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the minor child, directly or as beneficiary, other than custody litigation; education both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by father and mother, jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. The parents shall keep each other informed of the progress of the child's education and social adjustments. 99-7728 CIVIL TERM The parents shall not impair the other's rights to share legal custody or physical custody of the child. The parents shall give support to the other in the role as parent and take into account the consensus of the other for the physical and emotional well- being of the child. While in the presence of the child, neither parent shall make or permit any other person to make any remarks or do anything which could in anyway be construed as derogatory or uncomplimentary to the other parent. It shall be the expressed duty of each parent to uphold the other parent as one whom the child should respect and love. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage the child to participate in the plan hereby ordered. Each parent has a duty to notify the other of any event or activity which could reasonably be expected to be of significant concern to the other parent. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by emergency without consulting with the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent then having physical custody. The parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority, and copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school -2- 99-7728 CIVIL TERM conference and activities. The father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be the mother's primary responsibility to provide father with copies of report cards and all notifications of major school events. Neither parent shall schedule activities or appointments for the child which will require their attendance or participation at said activity or appointment during the time when the child is scheduled to be in the physical custody of the other parent without that parent's expressed prior approval. (3) The mother shall have primary physical custody of Samantha. (4) During each summer, the father shall have temporary physical custody of Samantha beginning the Sunday after the first full week following the last day of school, and ending two weeks before the first day of the start of the new school year. (5) At Christmas in even numbered years, father shall have Samantha beginning the first day after school is out through January 2nd. In odd numbered years father shall have Samantha for the Thanksgiving holidays beginning the Wednesday evening before Thanksgiving through the second Friday following Thanksgiving Day. In even numbered years mother shall have Samantha for the Thanksgiving holidays. In even numbered years, father shall have Samantha for the Easter holidays, beginning the day before her vacation from school for Easter through the Friday following Easter Sunday. The mother shall have Samantha for the Easter holidays in odd numbered years. (6) Father shall have the ability to contact Samantha, using whatever form of communication he chooses, for a maximum of one hour on her birthday. Father shall give mother one week's notice of the time he is requesting to communicate with -3- 99-7728 CIVIL TERM Samantha and mother shall cooperate in making her available for father's birthday communication. (7) Father shall have the ability to contact Samantha using whatever form of communication he chooses, for a maximum of one hour on Father's Day, in the event that he does not have custody of her at that time. Father shall give mother one week's notice of the time he is requesting to communicate with Samantha and mother shall cooperate in making her available for Father's Day communication. (8) Father shall determine at what location he shall enjoy his periods of temporary custody with Samantha. In the event that the parties will be exercising a period of custody away from their home for a period of forty-eight hours or more, the parties shall notify the other of the location where they shall be and a telephone number where they can be reached. The parties shall give each other thirty days notice of their intent to exercise any period of custody outside of the continental United States with the child. (9) Father shall have the option to request a maximum of three telephone calls each week when Samantha is in the custody of mother. When requesting to reschedule or change times for the telephone call, mother shall consider the time difference between Pennsylvania and Arizona and father's work schedule. Father shall have the ability to call Samantha Fridays at 7:00 p.m. In addition, father shall have the ability to call Samantha Saturdays at 10:00 a.m. and Sunday evenings at 7:00 p.m. When father and Samantha are speaking on the telephone, neither mother nor her husband or any other individual shall be present in the same room as Samantha; shall listen on any telephone extension; nor shall they in any manner intrude upon the privacy of Samantha -4- 99-7728 CIVIL TERM and her father. Should either party be unavailable for a scheduled telephone call, the unavailable party shall contact the other party as soon as possible, preferably before and if not immediately after the time for scheduled telephone call, at their own expense. During the telephone calls with father, Samantha may also speak with Mrs. Jennings and/or Mrs. Ferguson. Ms. Dorrell Francis-Jennings may also have telephone privileges with her granddaughter, Samantha. Mother and all other individuals will provide the same privacy to the child and her grandmother during their telephone calls as identified above. (10) Mother shall provide father with the following information and items during her periods of custody with Samantha: A. On or before the 51h of each month, mother shall, at her own expense, provide father with examples of Samantha's school work, craft items, a minimum of three photographs of her, her report card and other projects representative of her activities for the previous month, a Father's Day card for Father's Day and a birthday card for his birthday. (11) Mother shall not interfere, delay and/or prevent father's telephone calls with Samantha, gifts and/or correspondence with her, messages to her or any other form of communication or sharing with her. (12) Mother shall attend a minimum of four counseling sessions to address parenting skills and disciplinary strategies. (13) Father shall provide mother with the following information and items during his periods of temporary custody with Samantha: -5- 99-7728 CIVIL TERM A. A maximum of three telephone calls each week Samantha is in his custody. Father shall provide the same guidelines for telephone calls as mother, identified above; B. Three photographs of Samantha for each period of custody or visitation he has her. (14) When Samantha meets the airline requirements for traveling with an airline provided escort during air travel, and she is comfortable flying without one of her parents, the parties may agree to stop traveling with her. (15) Until the mother graduates from college, she shall pay two-thirds of the transportation costs for Samantha for the father's periods of temporary physical custody in Arizona. The father shall pay one-third of the transportation costs for Samantha and the full cost for the person accompanying Samantha on her flights to and from Arizona. Once the mother graduates from college, she shall pay one-half of the total airfare for Samantha and the person accompanying Samantha on the flights to and from Arizona, and the father shall pay one-half of such costs. Once Samantha can fly unaccompanied to and from Arizona, each parent shall pay one-half of that airfare. (16) The parents shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. (17) During any period of custody or visitation the parties to this order shall not possess or use controlled substances, neither shall they consume alcoholic beverages -6- 99-7728 CIVIL TERM to the point of intoxication. The parties likewise ensure, to the extent possible, that the other household members and/or guests comply with this prohibition. By the Edgar B. ey, J. -7 Arthur K. Dils, Esquire For Glenwyn Beth Jennings (Pasquali) Susan Kay Candiello, Esquire For Andrew Anthony Jennings :sea TRUE COPY FROM RECORD In Testimony whereof, I htrc unto set my hand and t seal of said urt at Car isle, Pa. Thi ...... d f ..C? J...., 7_ . / Pro onotatrl. EXHIBIT "'D" F-; V 0 ?! (i w j ? U 2 I Ts)? z a z uN N S 9 It r v C 3. a o o :i 'J 0 •J n n N a a '?' Vi Vi h ¢ v7 Q O 0 V) ?C9 V) V1 a .{ry ?O VI 'Q V) 0 V) i/` Vl V) U V, .0 ;.. Jl Ul VI 0 N V) i? W 3 < N W Q nS r n m ? D W Qi QaN 5 asa N? X O 44 V1 N o 0 o ut N V1 O V> alt U J L) V) U VI U V) V) Rq y F¦ ? ? LL ? 8N N N? m N?N m nhh ? r n A <2o?mu5cS vdoobLL?` 4I€,4 _ ? r- .? `:•_r ?_: <? ?: `; L_I _ L.. :; ,. ._i C.J ?? ? 4 ? ? CX D ? ?? v/ a z a 3 Ui w _ Q 83 LL C can ° c4 <- s O J r I 3 W Fi z 2i J Z N in O U aw ? a? W < ~ GLENWYN BETH JENNINGS (PASQUALI), : IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT : OF CUMBERLAND COUNTY, :PENNSYLVANIA VS. NO. 99-7728 ANDREW ANTHONY JENNINGS, : CIVIL ACTION -LAW DEFENDANT/PETITIONER : CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Be it known, that on the n 7", day of rJL'gjk ? 2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Andrew Anthony Jennings, Defendant/Petitioner in the above- captioned matter. 3. On February 22, 2002, a true and correct copy of the Petition for Contempt, Enforcement and Special Relief, and a true and correct copy of Judge Edgar B. Bayley's February 19, 2002 Order of Court, were deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 1940 0006 2857 6714, and addressed to the Plaintiff/Respondent, Glenwyn Beth Pasquali, at 420 Market Street, Lemoyne, Pennsylvania, 17043. 4. The return receipt card signed by the Plaintiff/Respondent, Glenwyn Pasquali, showing a date of service of February 23, 2002, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. SUSAN KA CA DIELLO, Counself or Defers anflPetirioner SWORN TO AND SUBSCRIBED before me, a Notary Public, this Oq-"\ day of 2002. KlR?t2s1DI, ??-&"tZnd Notary Public My Commission Expires: Notarial seal R. Hanlo Boro. County 2005 LCMM"d'Y'M''C0'nMl88l0n berly 'd. Notary Public Expire CumbedaW Apr. 4, 2005 5 r ¦ Complete Items 1, 2, and 3. Also complete hem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 'C1enw?n 6e?h Pas?t?o.1:? ?D R?c?c het 5?-?e?fi Cemne Pf)- l`1DLk3 RDELIVERY A. Signature X R. Received by (Print D. Is delivery address di t from hem 17 ? Yes If YES, enter delivery address below: 0 No XCenifed Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise O Insured Mall 0 C.O.D. ?,J 4. Restricted Delivery? (Fxaa Fee) grlYes 2.. Article Number 0 0006 2857 6714 10250501•M-2502! Exhibit "A" it _ L7-4 " t x = V ?IIJ U GLENWYN BETH JENNINGS (PASQUALI), PLAINTIFF/RESPONDENT VS. ANDREW ANTHONY JENNINGS, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. "-7728 CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Be it known, that on the Vh day of 1 ` Gj1SN\ , 2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. 1 represent Andrew Anthony Jennings, Defendant/Petitioner in the above- captioned matter. 3. On March 1, 2002, a certified copy of the Monday, February 25, 2002 Order of Court scheduling the Pre-Hearing Custody Conference in the above-captioned matter, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being' Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 1940 0006 2857 6738, and addressed to the Plaintiff/Respondent, Glenwyn Beth Pasquali, at 420 Market Street, Lemoyne, Pennsylvania, 17043. 4. The return receipt card signed by the Plaintiff/Respondent, Glenwyn Pasquali, showing a date of service of March G, 2002, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. SUSAN KAY Counselfor D SWORN TO AND SUBSCRIBED before me, a Notary Public, this 911\ day of m C`??1 , 2002. Notary Public My Commission Expires: R. Notarial Sea] NCorntdsalon Expires Apr. ?4 + ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mallpiece, or on the front If space permits. 1. Mole Addressed to: Clenw?n ('?e,? Pa.S?l?.la qX V"Oc K G? ?1 ceefi (?nw?e?e P? l?u?3 RESTRICTED DELIVERY A. Signature 0 Agent X ? Addre B. Received by (Printed Neme) C. Dale of Del D. Is delive4address dilfererKfrem item 17 0 Yes It YES, enter delivery address below: 0 No 3. Service Type ;KPertified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) XYes 2. Article Number _ 7001 1940 0006 2857 6738 ffi r sfer from service lebeq _ PS Form 3811, August 2001 Domestic Return Recelpt 102595-01-M-2509 Exhibit "A" 'r' c. •:] .=i -• -gin i] 2 U GLENWYN BETH JENNINGS, IN THE COURT OF COMMON PLEAS OF (PASQUALI), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW ANDREW ANTHONY JENNINGS, Defendant NO. 99-7728 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of May, 2002, this matter having been called on a petition by father to hold mother in contempt, IT IS ORDERED: 1. The contempt proceeding with a claim for counsel fees is deferred to the call of the parties following Samantha's period of temporary physical custody with her father in Arizona this summer. 2. This Court's order of July 25, 2001, shall remain in effect with the following modifications: (1) The father shall have telephone calls with Samantha when she is with her mother on Sundays, Tuesdays, and Thursdays at 8:00 p.m. prevailing Pennsylvania time. (2) The father is prohibited from taping any telephone calls involving the child. (3) The requirements for photographs provided in paragraph 10(a) of the court order shall be extended to both parents, in that father shall provide mother with photographs from his period of custody, to include summer and holiday time. Mother shall do the same, providing three photographs of the child by the 5th of the month from the calendar month preceding, unless the child was in the father's custody during that calendar month. I-ie- (4) The evaluation of Samantha that is currently being conducted by Dr. David Rogers shall be completed. The I cost of the evaluation already completed and to be incurred shall be split between the parties with either party able to call a hearing to seek further relief as to their portion of the contribution if warranted. By the Court, C Edgar B. Bayley, J. Paul J. Esposito, Esquire For Plaintiff F 4usan K. Candiello, Esquire or Defendant Sheriff J /q'L??f .5-:29.62 3 prs 1