HomeMy WebLinkAbout03-4811SEP 15 2004
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
NO. 03-4811
TRACEY (SCOTT) FAILOR,
Defendant : IN CUSTODY
CUSTODY ORDER
AND NOW, this _ day of 2004, the following Order is entered by
consent of the parties with regard to custody of the parties' children, Kyle Scott and Logan
Scott.
Plaintiff hereinafter referred to as the father and Defendant, hereinafter referred to as
the mother, shall share legal custody of the children.
2. Mother and father shall share primary physical custody of the children.
3. Mother shall have the children on Monday and Tuesday. Father shall have the
children on Wednesday and Thursday and the parties shall alternate every Friday,
Saturday and Sunday for three periods of physical custody.
4. The party receiving custody of the children shall be responsible for transportation.
The custody exchange during the school year shall be effectuated by the receiving
party taking the child from school on the first scheduled custody day of that parent
and on Sundays at 6:00 p.m. When school is not in session, the custody exchange
shall take place at 7:00 p.m. on the last day of the period of custody belonging to the
party giving up custody.
Each party shall be entitled to two uninterrupted weeks of vacation in the summer,
provided they give the other party thirty (30) days notice.
6. The parties will continue to share holidays as they have in the past. However, if at any
time the parties wish to petition the Court for a certain holiday schedule they may do
so, if after attempting to cooperate in good faith they determine that they can no
longer cooperate on sharing holidays, and they have completed mediation.
7. The mother shall have custody of the children on Mother's Day and the father shall
have custody of the children on Father's Day.
8. The mother and father agree that each shall notify the other immediately of medical
emergencies which arise while the children are in their care, and will inform the other
party of any and all medical appointments, and further neither parent shall deny the
other an opportunity to obtain a second opinion.
9. Both parties agree to administer medications as prescribed by the children's
physicians during their periods of custody and both parents agree to provide medicine
in their custody to the other parent as needed to insure that the medicines are properly
administered.
10. Neither party shall do anything which may estrange the children from the other
parent, or injure the opinion of the children as to the other parent or which may
hamper the free and natural development of the children's love or respect for the
other parent.
11. The parents agree to cooperate with and discuss the children's extracurricular
activities, and during any period of physical custody, that parent will be responsible
to ensure that the children attend their extracurricular activities, including sports,
neither parent shall unilaterally enroll the children in any activity, nor shall either
parent unreasonably withhold consent to enroll the children in said activities. Each
parent shall act in the best interest of the children 1:0 facilitate the children's
participation in these activities.
12. The parties agree to send no messages or communications through the children, but
instead will communicate directly with one another on issues surrounding custody
and/or support.
13. The children will stay in the school where they are currently enrolled and if either
party moves during the school year, the parties agree to wait until the end of the
school year to decide how to change enrollment.
14. Neither parent shall leave the children alone on a regular or recurring basis for more
than fifteen (15) minutes at a time and the parties agree to utilize caregivers or other
programs for after school care if the parent with custody cannot be home at the time
the children are released from school.
15. The parties may modify this schedule in the event that they reach an agreement
between themselves. Absent an agreement in writing, the custody schedule set forth
a ove shall control.
Date: ?f
I'Alo, Esquire
in Legal Services
Row
Carlisle, PA 17013
(717) 243-9400
Attorney for Defendant
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
This Order is entered pursuant to the consent of Plaintiff and Defendant:
Tracy Failor
9hq)o?z
1-
7
F"J films
C: 7
i ?fR
-
, w
SEP 1 61004 F
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: NO. 03-4811
TRACEY (SCOTT) FAILOR,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 20' , day of September, 2004, in consideration of the within Custody
Order, the Custody Agreement is hereby made an Order of Court.
By the
Distribution:
Xarl E. Rominger, Esquire
VKrace D'alo, Esquire
0 9 a ?-o
*? VNWASNN3d
9' :I I WV LZ d3S WOZ
AUVIONOHiOdd 3H1 o'O
n, 20 01!1
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
0'1- 1?//
V. :NO: CIVIL ACTION - LAW
TRACY (SCOTT) FAILOR,
Defendant : IN CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Rick Scott, residing at 501 S. Hanover Street, Carlisle, Pennsylvania.
2. The defendant is Tracy (Scott) Failor, residing at 323 Louther Street, Carlisle,
Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name Present Residence DOB Age
Kyle Scott 323 Louther Street, 4/6/92 11 years
Carlisle, PA
Logan Scott 323 Louther Street 10/13/96 6 years
Kyle Scott was born out of wedlock. Logan Scott was not born out to wedlock.
The children are presently in the custody of Tracy (Scott) Failor, who resides at 323
Louther Street, Carlisle, Cumberland County, Pennsylvania.
During the past five years, the children have resided with the following persons and at the
following addresses:
List All Persons List All Addresses Dates
Tracy (Scott) Failor 126 C. Street, Carlisle, PA 1998-3/2003
Tracy (Scott) Failor 1522 Pine Road, Carlisle, PA 3/2003-6/2003
Tracy (Scott) Failor 323 Louther Street, Carlisle, PA 6/2003-present
The mother of the children is Tracy (Scott) Failor, currently residing at 323 Louther
Street, Carlisle, PA.
She is married.
The father of the children is Rick Scott, currently residing at 501 South Hanover Street,
Carlisle, PA.
He is unmarried.
4.
The relationship of plaintiff to the children is that of father.
The plaintiff currently resides with the following persons.
Name
No one
5.
Relationship
The relationship of defendant to the children is that of mother.
The defendant currently resides with the following persons.
Name
Gene Failor
6.
Relationship
Husband
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.
Plaintiff has no information of a custody proceeding concerning the children pending in a
court of this Commonwealth.
Plaintiff does not know of a person not a parry to the proceedings who has physical
custody of the child and claims to have custody or visitation rights with respect to the
child.
The best interest and permanent welfare of the child will be served by granting the relief
request because:
Plaintiff has undertaken and performed the primary parental responsibilities for the
children.
Plaintiff is best able to provide the care and nurture which the children need for healthy
development.
8. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been named below, who are known to have or
claim a right to custody or visitation of the child will be given notice of the pendency of
this action and the right to intervene:
Name Address Basis of Claim
N/A
WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in
the Father with visitation in the Mother as agreed upon by the parties.
Date:
Respectfully submitted,
Karl . Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unworn falsification to authorities.
4Sc /ai?tiff
w
?J
1
•`
U1
3
?p -
RICK SCOTT
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COIUN'IT, PENNSYLVANIA
V. 03-4811 CIVIL ACTION LAW
TRACY (SCOTT) FAILOR IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday September 17, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor Cumberland County Courthouse, Carlisle on Tuesday, October 14, 2003 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ lacaueline M Very esq, t
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
IAW
rt? ct?, )73p iq w-3-A kff.<Y
rani ?
c.n
OCT 16 2 03 ? y
RICK SCOTT,
Plaintiff
V.
TRACY (SCOTT) FAILOR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-4811 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this Zz_4 day of p?rat? , 2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Father, Rick Scott, and the Mother, Tracy (Scott) Failor, shall have
shared legal custody of Kyle Scott, born April 6, 1992 and Logan Scott, born October 13,
1996. Each parent shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health, education and religion.
2. Parents shall have shared physical custody of the Children coinciding with
Mother's work schedule as follows:
A. Father shall have physical custody of the Children every weekend from
Friday after school to Sunday at 12:00 noon when Mother works on Friday
nights. When Mother is off from work on Fridays, Father shall have
custody of the Children from Saturday to Monday when he will assure that
the Children get to school. During the week., Father shall have physical
custody of the Children two overnights one week and one overnight the
next and alternating thereafter to coincide with Mother's work schedule.
B. Mother shall have physical custody of the Children at all other times,
except holidays which shall be shared or alternated as agreed.
C. Such other times as the parties agree.
3. The parties shall share transportation such that the receiving party shall be
responsible for transportation unless otherwise agreed.
4. The parties shall be entitled to liberal telephone contact with the Children.
5. Neither party will do anything nor permit a third party to do anything,
which may estrange the Children from the other party, or injure the opinion of the
\e" IY Qn
1 \i
Children as to the other parent or which may hamper the free and natural development of
the Children's love and respect for the other parent.
6. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control. Another
Conciliation is scheduled for December 16, 2003 at 9:30 a.m. at the same location.
cc: Karl E. Rominger, Esquire, Counsel for
Tracy Failor, pro se
323 Louther Street
Carlisle, PA 17013
r v Iirr I/ Tmm
RICK SCOTT,
Plaintiff
V.
TRACY (SCOTT) FAILOR,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
2003-4811 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 Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kyle Scott April 6, 1992 Mother
Logan Scott October 13, 1996 Mother
2. A Conciliation Conference was held in this matter on October 14, 2003,
with the following individuals in attendance: The Father, Rick Scott, with his counsel,
Michael Whare, Esquire for Karl E. Rominger, Esquire and Mother, Tracy (Scott) Failor,
pro se.
The parties agreed to the entry of an Order In the form as attached.
A-S-03
Date
acq line M. Verney, Esquire
Custody Conciliator
Dec 1 7 2003 V'
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
• 2ac`5
TRACY (SCOTT) FAILOR, : NO. 2002-4811 CIVIL TERM
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this /7 ' day of 2kc-- ? , 2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated October 22, 2003 shall remain in full force
and effect except with the following modifications:
2. A Hearing is scheduled in Court Room No. q of the Cumberland
County Court House, on the 74 day of , 2004, at
o'clock, 4 . M., at which time testimony will be taken. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be 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.
3. Paragraph 2 of the prior Order of Court shal l be deleted and replaced with
the following:
A. The parents shall have shared physical custody of the Children on the
following schedule: To coincide with Mother's work schedule,
beginning December 16, 2003, Mother shall have the Children three
overnights one week and four overnights the next week and alternating
thereafter.
B. Father shall have the Children at all other times.
C. For Christmas, 2003, Mother shall have physical custody of the
Children from Christmas Eve at 4:30 p.m. to Christmas Day at 12:00
noon. Father shall have the Children from 12:00 noon on Christmas
Day to 12:00 noon December 26. In the event Father's plans are
confirmed his Christmas period of custody shall be extended until the
morning of December 27, 2003.
?)?YI I r ":r?'^tJ
C J -'h ! !d L ! 330 FOCI
Atb1G ;OHOUd 3H1 d0
4. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
BY THE COURT,
Hess, J.
cc.'Karl E. Rominger, Esquire, counsel for Father
/'Tracy Failor, pro se
J?
V 1' 1
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
TRACY (SCOTT) FAILOR, : NO. 2003-4811 CIVIL TERM
Defendant
IN CUSTODY
PRIOR JUDGE: Kevin A. Hess, J.
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 Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kyle Scott April 6, 1993 shared
Logan Scott October 13, 1996 shared
2. A Conciliation Conference was held December 16, 2003 with the
following individuals in attendance: The Father, Rick Scott, with his counsel, Karl E.
Rominger, Esquire, and the Mother, Tracy Failor, pro se.
3. The Honorable Kevin A. Hess previously entered an Order of Court dated
October 22, 2003 providing for shared legal and physical custody wherein Father has
every weekend and days during the week when Mother is not working.
4. Father's position on custody is as follows: Father seeks shared legal and
primary physical custody, although he would accept week on/week off shared custody.
He believes that the current arrangement is too disruptive to the Children. He further
maintains that Mother does not take advantage of her current time with the Children.
5. Mother's position on custody is as follows: Mother seeks shared legal
custody and shared physical custody with Father having those times when Mother is not
working. Mother denies allegations that she does not take the Children when she is off
from work.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and granting the parents shared legal and physical custody. It is expected that
the Hearing will require one day.
n
la-16--y3 z
c
Date cq ine M. Verney, Esquire
Custody Conciliator
RICK SCOTT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
vs. : CIVIL ACTION - LAW
TRACY FAILOR, 03-4811 CIVIL
Defendant IN CUSTODY
ORDER
AND NOW, this 3/ a day of March, 2004, at the request of counsel for the
defendant and with the concurrence of counsel for the plaintiff, hearing in the above matter set
for Wednesday, April 7, 2004, is continued to Wednesday, May 26, 2004, at 9:30 a.m. in
Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Karl Rominger, Esquire
For the Plaintiff
,Mid-Penn Legal Services
For the Defendant
J/
Am
A. Hess, J.
Hits: t i -;
2s :z Wd i e M U0Z
AdVLQWHiCL+d 3N130
30UL 0-0311
Rick Scott, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. A-4811 CIVIL TERM
Tracy Failor,
Defendant :CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this Z?day of May, 2004, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on May 26, 2004 at 9:30 a.m. by this Court's
Order of March 31, 2004, is hereby rescheduled for hearing on _12a_d, y 3 , 2004 at?:_Xq .m.
in Courtroom No. 4 on the 4`h Floor of the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania.
Grace E. D'Alo, Attorney for Defendant
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Karl Rominger , Attorney for Plaintiff
155 S. Hanover Street
Carlisle, PA 17013
By the Court,
n •N^ O
??- N s3
4
v 2
?. C.: T -ii
Rick Scott,
Plaintiff
V.
Tracy Failor,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4811 CIVIL TERM
CUSTODY
MOTION FOR CONTRq DANCE
Defendant, Tracy Failor, by and through her attorney, Grace D'Alo of MidPenn Legal
Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on
the grounds that:
This matter was scheduled for a hearing on May 26,2004, at 9:30 a.m.
2. On May 24, 2004, Defendant was admitted to the Carlisle Regional Medical
Center through its emergency room.
3. Defendant will not be released from the hospital until tests are completed to
determine the cause of her severe abdominal pain and possible gall bladder
complications.
4. Counsel for Plaintiff indicated that if Defendant's admission is verified, that he
has no objection to this continuance.
5. A copy of a note signed by the emergency room nurse is attached.
WHEREFORE, Defendant requests that this Court grant this Motion and
reschedule the hearing in this matter.
Respectfully Submitted,
ra e'E. D'Alo, Attorney for
enn Legal Services
8 Irvine Row
Carlisle, PA 17013
c,
Z, V
W
?? d m
?. Q
r V
W
Z t
0
W
2
W
E
a
c
0
U
_n
Y
3
0
0
LU
N
E
0
?i
m
U
C
m
c
a
a
m
O
N
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 03-4811 CIVIL TERM
TRACY FAILOR,
Defendant :CUSTODY
CERTIFICATE OF SERVICE,
I, Grace E. D'Alo, Esquire, of MidPenn Legal Services, attorney for the
Defendant, Tracy Failor, hereby certify that I have served a copy of the foregoing Motion
for Continuance on the following date and in the manner indicated below:
U.S. First Class Mail. Postage Pre-Paid
Karl E. Rominger, Esquire
155 S. Hanover Street
Carlisle, PA 17013
MidPenn Legal Services, Inc.
Date's 2J; /Cq
ra E..D'A1squ e
i enn Legal Services
8 Irvin; Row
Carlisle, PA 17013
RICK SCOTT,
Petitioner
v
TRACY (SCOTT) FAILOR,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO: 2003-4811 CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR EMERGENCY RIELIEF
AND NOW, comes the Petitioner, Rick Scott, by and through his attorney, Karl E.
Rominger, Esquire, and avers the following in support of this Petition for Emergency Relief:
1. The Petitioner, Rick Scott, is an adult individual who currently resides at 501 S.
Hanover Street, Carlisle, Pennsylvania.
2. The Defendant, Tracy (Scott) Failor, is an adult individual who currently resides atl38
N. Hanover Street, Carlisle, Pennsylvania.
3. The children of the parties are, Kyle Scott, DOB: 4/6192; and Logan Scott, 10/13/96.
4. Petitioner seeks primary custody of the following children:
Name Present Residence DOB Age
Kyle Scott
323 Louther Street, 4/6/92 12 years
Carlisle, PA
Logan Scott 323 Louther Street 10/13/96 7 years
Carlisle, PA
Kyle Scott was born out of wedlock. Logan Scott was riot born out to wedlock.
The children are presently in the custody of Rick Scott, who resides at 501 S. Hanover
Street, Carlisle, Pennsylvania.
The father of the children is Petitioner, currently residing at 501 S. Hanover Street,
Carlisle, Pennsylvania.
The mother of the children is Defendant, currently residing at 138 N. Hanover Street,
Carlisle, Pennsylvania.
The relationship of the Petitioner to the children is that of natural father.
The relationship of the Respondent to the children is that of natural mother.
6. There is currently a Court Order in place regarding custody. See Attached.
Petitioner does not know of a person not a party to the proceedings who has physical
custody of any of the children or claims to have physical custody or visitation rights with
respect to the children.
8. The best interests and permanent welfare of the children will be served by granting the
relief requested because:
(a) Petitioner is the natural father of the children;
(b) Petitioner has enrolled the children into a summer program that they have
been attending during the week,
(c) Petitioner desires to have the children continue attending their summer
program, which is pre-paid for their attendance;
9. Father and Mother currently share physical custody of the children. Upon information and
belief, Mother left the state of Pennsylvania and did not exercise her custody of the children for
some time. Father had primary physical custody of the children (luring that period of time.
Mother has since returned to Pennsylvania and has restarted her custody of the children per the
court order of December 17, 2003.
10. Mother is refusing to take the children to the summer program in which they are enrolled.
11. This matter was originally scheduled for a hearing on April 7, 2004. Mother requested a
continuance that was granted until May 26, 2004. The hearing was postponed a second time until
August 13, 2004, because of Mother being admitted to the Carlisle Hospital emergency room, and
then transferred to Holy Spirit Hospital for mental health reasons on May 24, 2004. Mother has
also evidenced a pattern of unstable behavior, which Father believes is further reason for the
hearing being postponed twice.
12. Each parent whose parental rights to the children have not been terminated and the person
who has physical custody of the children have been named as parties to this action. No other
persons are known to have or claim a right to custody or visitation of the children to be given
notice of the pendency of this action and the right to intervene.
WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an
Emergency Order stating that the current custody order of December 17, 2003, shall be followed,
and the children shall attend the daily summer program as scheduled, whether in the custody of
the Father or Mother.
Dated: v 'y j z w
Respectfully submitted,
ROMINGER, BAYLEY & WHARF
Karl E. Rominger, Esquire
155 South ]Hanover Street
Carlisle, PA, 17013
(717)241-6070
Supreme Court ID # 81924
Attorney for Petitioner
RICK SCOTT,
Petitioner
v
TRACY (SCOTT) FAIL.OR,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO: 20034811
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day
served a copy of the Petition for Emergency Relief upon the folllowing by depositing same in the
United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Grace D'Alo
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Date: Jy ?`/ /i GG y
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA, 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Petitioner
1EC 7 2003
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
TRACY (SCOTT) FAILOR, : NO.2002-4811 CIVIL TERM
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this I -1 day of beeem be P,2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated October 22, 2003 shall remain in full force
and effect except with the following modifications:
2. A Hearing is scheduled in Court Room No. q , of the Cumberland
County Court House, on the 1_ day of , 2004, at 9 *30
o'clock, A. M., at which time testimony will b taken. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be 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.
Paragraph 2 of the prior Order of Court shall be deleted and replaced with
the following:
A. The parents shall have shared physical custody of the Children on the
following schedule: To coincide with i??other's work schedule,
beginning December 16, 2003, Mother shall have the Children three
overnights one week and four overnights the next week and alternating
thereafter.
B. Father shall have the Children at all other times.
C. For Christmas, 2003, Mother shall have physical custody of the
Children from Christmas Eve at 4:30 p.m. to Christmas Day at 12:00
noon. Father shall have the Children from 12:00 noon on Christmas
Day to 12:00 noon December 26. In the event Father's plans are
confirmed his Christmas period of custody shall be extended until the
morning of December 27, 2003.
4. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
BY THE COURT.
Kevin .Hess, J.
cc: Karl E. Rominger, Esquire, counsel for Father
Tracy Failor, pro se
.- ? IN IVD
?r iS'Imdtli ac..
rt? °" ?-' °.•?' . ?a ?n L,?±i s _j :lr hand
I ! P.
„ Cou; t at Car;isie, Pa-
V1 s'ai of s o ^ ,?
qq
rothonotarY
RICK SCOTT,
Plaintiff
V.
TRACY (SCOTT) FAILOR,
Defendant
PRIOR JUDGE: Kevin A. Hess, J.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION .-LAW
: NO. 2003-4811 CIVIL TERMS
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 Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTL I'INCUSTODY OF
Kyle Scott April 6, 1993 shared
Logan Scott October 13, 1996 shared
2. A Conciliation Conference was held December 16. 2003 with the
following individuals in attendance: The Father, Rick Scott, with his counsel, Karl E.
Rominger, Esquire, and the Mother, Tracy Failor, pro se.
3. The Honorable Kevin A. Hess previously entered an Order of Court dated
October 22, 2003 providing for shared legal and physical custody wherein Father has
every weekend and days during the week when Mother is not working.
4. Father's position on custody is as follows: Father seeks shared legal and
primary physical custody, although he would accept week on/week off shared custody.
He believes that the current arrangement is too disruptive to the Children. He further
maintains that Mother does not take advantage of her current time with the Children.
5. Mother's position on custody is as follows: Mother seeks shared legal
custody and shared physical custody with Father having those times when Mother is not
working. Mother denies allegations that she does not take the Children when she is off
from work.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and granting the parents shared legal and physical custody. It is expected that
the Hearing will require one day.
v
o3 L
Date J cqu line M. Verney, Esquire G
Custody Conciliator
RICK SCOTT,
Plaintiff
V.
TRACY (SCOTT) FAILOR,
Defendant
r
OC T 1 6 2003
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-4811 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this -d%? day of (!)0Yj0t&'0 2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Father, Rick Scott, and the Mother, Tracy (Scott) Failor, shall have
shared legal custody of Kyle Scott, born April 6, 1992 and Logan Scott, bom October 13,
1996. Each parent shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health, education and religion.
Parents shall have shared physical custody of the Children coinciding with
Mother's work schedule as follows:
A. Father shall have physical custody of the Children every weekend from
Friday after school to Sunday at 12:00 noon when Mother works on Friday
nights. When Mother is off from work on Fridays, Father shall have
custody of the Children from Saturday to Monday when he will assure that
the Children get to school. During the week, Father shall have physical
custody of the Children two overnights one week and one overnight the
next and alternating thereafter to coincide with Mother's work schedule.
B. Mother shall have physical custody of the Children at all other times,
except holidays which shall be shared or alternated as agreed.
C. Such other times as the parties agree.
3. The parties shall share transportation such that the receiving party shall be
responsible for transportation unless otherwise agreed.
4. The parties shall be entitled to liberal telephone contact with the Children.
5. Neither party will do anything nor permit a third party to do anything,
which may estrange the Children from the other party, or injure the opinion of the
Children as to the other parent or which may hamper the i&ee and natural development of
the Children's love and respect for the other parent.
6. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control. Another
Conciliation is scheduled for December 16, 2003 at 9:30 a.m. at the same location.
BY THE z C IuRT,
.S J
J.
cc: Karl E. Rominger, Esquire, Counsel for Father
Tracy Failor, pro se
323 Louther Street
Carlisle, PA 17013
°r4UE COP'y PRON4 RECORD
!n Testimony whereof, I hzre unto set my hand
on 1118 seal ()f sail Court !ttiCar(isie, Pa.
RICK SCOTT,
Plaintiff
V.
TRACY (SCOTT) FAILOR,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:2003-4811 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:
I. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kyle Scott April 6, 1992 Mother
Logan Scott October 13, 1996 Mother
2. A Conciliation Conference was held in this matter on October 14, 2003,
with the following individuals in attendance: The Father, Rick Scott, with his counsel,
Michael Whare, Esquire for Karl E. Rominger, Esquire and Mother, Tracy (Scott) Failor,
pro se.
The parties agreed to the entry of an Order in the form as attached.
/6 - 6--0 3
Date
acq line M. Verney, Esquire
Custody Conciliator
i
r7 y n
r ?.'f4
e
w c 7-1
r CJ
v
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
: 03-4811 CIVIL
TRACY (SCOTT) FAILOR, IN CUSTODY
Defendant
IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF
ORDER
AND NOW, this /3' day of July, 2004, a brief hearing in the above matter is set
for Thursday, July 15, 2004, at 3:00 p.m. in Courtroom Number 4, Cumberland County
Courthouse, Carlisle, PA.
BY THE COURT,
Ked A. Hess, J.
Karl Rominger, Esquire
For the Plaintiff
Grace D'Alo, Esquire A'`'f "i
For the Defendant
9- J3- oy
C4-
:rlm
dJ?r f????111?`??ta?V(?U
ZS ?21 ?Id ? 1 ??!' h00Z
dt?'?'?'?rCl?ip;?d ?Nl ?0
Ut:??Q-U3l!J
RICK SCOTT,
Plaintiff
V
TRACY (SCOTT) FAILOR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
: NO. 03-4811 CIVIL TERM
: IN CUSTODY
IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF
ORDER OF COURT
AND NOW, this 15th day of July, 2004, the pending
petition for emergency relief is deemed withdrawn on the terms
and conditions as announced in open court and in the presence of
the parties this date.
By the Court,
Kevi A. Hess, J.
Karl Rominger, Esquire
For the Plaintiff
Grace D'Alo, Esquire X.ficro ,?hu?rlc,( 7-/ei,Dy
For the Defendant
:bg
-'v?1r11)
1 - : 1N 9 1 9(13' UAZ
?",'HJO-OMU
RICK SCOTT, )
Plaintiff )
VS. )
TRACY (SCOTT) FAILOR, )
Defendant )
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLANIA
CIVIL ACTION LAW
No. 03-14Gl1 CIVIL TERM
IN CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please withdraw the appearance of Karl E. Rominger, Esquire as attorney for
Richard Scott, Plaintiff in the above captioned matter.
Respectfully submitted,
DatJg4je f!X If
Karl E. Rominger, Esquire
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please enter the appearance of Shane B. Kope, Esquire, as attorney for Richard
Scott, Plaintiff in the above captioned matter.
Respectfully Submitted,
Date: 1 y 0 l O y
LAW OFFICE OF SHANE B. KOPE
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
By:
Tele.
By:
Shane 13. Kope, Esquire
'? 'F f '?.. r i
? _
r.,,? '.J., 1.7
-- I l L
-?i
_... ` .. r..`
? ?.,
?,?
Ci7
RICK SCOTT, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 03-4811 CIVIL TERM
TRACY (SCOTT) FAILOR, IN CUSTODY
Defendant
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE KEVIN A. HESS, J.,
Cumberland County Courthouse,
Carlisle, Pennsylvania,
on Friday, August 13, 2004,
in Courtroom Number 4.
APPEARANCES:
KARL ROMINGER, Esquire
For the Plaintiff
JESSICA DIAMONDSTONE, Esquire
MidPenn Legal Services
For the Defendant
??
??
.,,
•
FOR THE PLAINTIFF
Rick Scott
FOR THE DEFENDANT
Tracy Failor
IN CHAMBERS
Kyle Scott
FOR THE PLAINTIFF
0
INDEX TO WITNESSES
DIRECT CROSS REDIRECT RECROSS
3 17 25 28
29 53 65 66
67
INDEX TO EXHIBITS
MARKED ADMITTED
Ex. No. 1 - reading log 53 74
FOR THE DEFENDANT
Ex. No. 1 - report cards-Kyle 34 74
Ex. No. 2 - honor roll certificate 37 74
Ex. No. 3 - report card-Logan 38 74
Ex. No. 4 - Student Report-Kyle 38 74
Ex. No. 5 - mini-cassette 43 74
2
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
•
moving party?
Your Honor.
•
THE COURT: I believe the father is the
MR. ROMINGER: Call Rick Scott to the stand,
Whereupon, RICK SCOTT, having been duly
sworn, testified as follows:
MR. ROMINGER: For the Court's information, I
should inform Your. Honor that counsel and I have discussed,
and the way we want to do the presentation today is to do
the two parties first and then move into additional
witnesses after you have heard from both.
THE COURT: That's normally the best way to
do it. I invariably cannot get counsel to agree on it.
That's fine. Go ahead.
DIRECT EXAMINATION
BY MR. ROMINGER:
Q Give your name and current address for the
Court.
A
Springs, Pa.
Q
A
Q
A
Q
Rick Scott, 116 Yates Street, Mt. Holly
How old are you?
Thirty-three.
Do you have any children?
Two.
Who are they?
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A Kyle Scott and Logan Scott.
Q And how old are they?
A Twelve and seven.
Q Are they the children that you are seeking
custody of in this action?
A Correct.
Q Were you previously married to the mother of
those children?
A Yes.
Q
A
Q
A
or four years.
Q
divorced?
Were they born in or out of wedlock?
Kyle was born out. Logan was not.
How long did that marriage last?
About three years, something like that, three
How long have you been separated now or
A A long time. Since 1998 I believe.
Q And currently how do you share the children?
A We have fifty-fifty custody as per the last
conciliation.
Q And do you have some concerns about that?
A Yeah, I do. I am concerned whenever they are
not with me, because I have seen situations where they don't
make it to school on time, and where they are tardy for
school, and they don't have the things they need for
4
• •
1 schools. And just other situations where there has been
2 care that wasn't given to them that I felt should have been
3 given to them.
4 Q Now, let's talk about your current situation.
5 Are you remarried yet?
6 A Not yet.
7 Q Do you have a girlfriend?
8 A Yes, I do.
9 Q Do you live together?
10 A Yes, we do.
11 Q Who is that girlfriend and how long have you
12 lived together?
13 A Pam (last name inaudible). We have lived
14 together for the last pretty close to two years.
15 Q And how long have you been going out?
16 A For a little more than thre e years, about
17 three and a half years.
18 Q And does she have a chance to interact with
19 the kids at your house?
20 A All the time.
21 Q Now, what's a typical day l ike for you and
22 the boys?
23 A Normally she is usually up first, and she has
24 everything ready, lunches, breakfast, that sort of thing,
25 and ready to go depending on if they are g oing to school or
5
• •
1 what we are going to do.
2 Q What would you do on a school day?
3 A Get up and get the boys up. And she would
4 usually have breakfast ready and sitting there and ready to
5 go. And whatever we are going to do for lunch that day
6 ready. We didn't always pack, but some days we packed. And
7 then, you know, we would usually be out of the door on time
8 without a problem.
9 Q What about after school, what would you do
10 with the kids?
11 A Normally after school, depending, I would
12 have to go and pick them up. I would have to leave work and
13 go pick Kyle up and then leave work and go pick Logan up.
14 Because to have childcare, I was paying support and custody
15 for childcare, but I was keeping them at the shop.
16 Q And you say at the shop, was that a business
17 that you had?
18 A Yes. A business that I had, yes.
19 Q And are you still self-employed?
20 A No.
21 Q Where are you working now?
22 A I am working in Newville, at Bender Auto
23 Parts and Machine Shop.
24 Q What do you do for them?
25 A The same thing I did, machinist.
6
U
E
1 Q Do they allow you to keep a pretty flexible
2 schedule?
3 A Yes. That was one of the stipulations.
4 Q You mean when you were hired?
5 A Yes.
6 Q What sort of things would you do with the
7 children after you all get home?
8 A Usually we hang out a little bit. Sometimes
9 we throw a little baseball, talk about what happened, and
10 then have supper, and then sit down and watch some T.V. And
11 usually it is about bedtime then.
12 Q Are there any activities that you do with the
13 kids at the school or anything like that?
14 A Logan isn't to that point yet. Kyle is not
15 really a whole lot interested. And if there have been
16 things he was wanted to do, I have let him do them, but he
17 doesn't really seem to show a lot of interest in a lot of
18 different things yet. I have tried to get him to go in a
19 few directions, and he has done a couple things, but
20 not -- he is not thoroughly heavily involved. He likes
21 playing baseball and just doing other things.
22 Q What kind of baseball are the kids involved
23 in or the one boy in?
24 A They are both involved in baseball, youth
25 baseball at Carlisle. And usually they play fall ball too.
7
I Q Now, have you had a chance to keep in contact
2 with the school where they attend currently?
3 A Yes.
4 Q Where is that?
5 A Kyle went to Lamberton. And Logan went to
6 Letort.
7 Q And did you have any concerns about their
8 attendance between October of 2003 and now?
9 A I had a lot of concerns about their
10 attendance. They weren't there because I didn't realize
11 they weren't there and they weren't sick.
12 Q Go ahead.
13 A Of all the days that Kyle was off this year I
14 know of one day he was sick.
15 Q And have you kept track of or have you been
16 able to piece together the absences versus who had custody
17 of the children at the time?
18 A Yes. And the information you have there
19 should show that because Pam kept good records with that
20 sort of thing.
21 Q I am going to show you -- I am not going to
22 mark this as an exhibit yet, I am going to show you a
23 document. Describe that for the record. It is a series of
24 calendar pages from October through the present.
25 A Yes. It is calendar pages that she kept
8
• •
1 record of. It was their absenteeism and tardiness, and then
2 the times and days that Tracy had them and the times and
3 days that we had them. And it is all laid out with
4 different colors. And the purple was a schedule she had
5 given for the job that she was working at the time.
6 Q The chief concern -- let me ask you this, are
7 you worried about the children's safety with mom, or are you
8 worried about her stability? What's your chief concern?
9 A I am not so much worried about their safety.
10 There has been situations where I have gotten a little
11 concerned about them. I am more just worried about the lack
12 of structure, and the lack of stability they have, because
13 Kyle is getting higher in grade, of course, he is going to
14 be in seventh grade. And school is going to get a lot
15 tougher for him. And without having, you know, being late
16 all the time and having to rush around and not having things
17 properly prepared and ready to go, I am not sure that he is
18 going to do as well as he has now. He has done pretty well
19 up until now, but things always get harder after sixth grade
20 I am sure.
21 Q And does he have homework assignments or
22 things that he brings home?
23 A Yes, he does. And I usually every night make
24 sure he has it all done.
25 Q Have the boys expressed any preferences to
9
• •
1 you about where they want to live or not?
2 A Kyle has. Logan is still too young yet.
3 Q And have they indicated, at least to your
4 mind, that at least he wanted to stay with you?
5 A Yes.
6 Q Now, I just want to go through a few
7 particular incidents with you. Was there a time when one of
8 the children was asked to call you and confront you about a
9 support check or a support issue?
10 A Yes.
11 Q Can you tell the Court about that incident?
12 A That happened a lot actually. But there was
13 one time in particular that I was -- my weekly was 135 that
14 I was paying, and I didn't have 135, I had 100. And the
15 $35.00 I didn't have, and it was a whole day and a half
16 worth of grief and stress for everybody because of the
17 $35.00 that I owed, that I wasn't going to get them and I
18 wasn't going to see them anymore.
19 Q And did the boy end up calling you at some
20 point?
21 A Yes. Kyle is the one that initiated the
22 conversation in the background. His mom was, you know,
23 doing all the yelling type. Which there was many situations
24 of, you know, I got like a week or so behind, and there was
25 times when I got a little further behind, but I always got
10
• •
1 it caught up and I was never in a situation where ].
2 couldn't, you know, get something. But at the same time I
3 was paying for childcare that I wasn't receiving. So half
4 of my workday was spent gathering children from school and
5 keeping them at work.
6 Q Now, I guess what I want to focus on, it was
7 actually the child that called you?
8 A Yes. It was Kyle that called me. There has
9 been many times that Kyle has called me, because his mother
10 tells him that she doesn't want to talk to me, so he has to
11 call and talk to me.
12 Q And is that about other custody issues
13 sometimes too?
14 A Yes. It is about a range of things. It
15 doesn't seem like we can talk to each other. It always has
16 to be through a mediator, which is usually twelve years old.
17 And I don't like to put him in the middle.
18 Q Now, there was a recent period where your
19 ex-wife left the state or didn't exercise her custody?
20 A We had an agreement that was from the last
21 conciliation. And we had an on and off schedule that was
22 like a three and four, a four and three, and then she left.
23 She had some things going on where she was moving I guess.
24 And then she just kind of went on vacation for about nine
25 days. And so our arrangement got misplaced. I had them for
11
1 seven days, so when she came back she wanted to have them
2 for seven days. So then we turned out a seven and seven.
3 Q And do you know where she went or for how
4 long she was gone for?
5 A I think it was somewhere around nine days.
6 Her other boyfriend that she had went to Kentucky and
7 visited and then Myrtle Beach, South Carolina, I guess,
8 visiting his relatives or something in Kentucky, I don't
9 really know.
10 Q Are there other times when she has not
11 exercised her schedule of custody?
12 A There has been lots of times when she hasn't
13 exercised her schedule of custody and had other people watch
14 them whenever, you know, it wasn't arranged between the two
15 of us.
16 Q Does she give you a lot of advance notice
17 when there is a change in her schedule?
18 A Not usually very much at all. Usually it is
19 within an hour or so whenever things are going to change.
20 or if we are at a baseball game, you know, I have to take
21 the kids tonight for this or that reason. Usually it is
22 whenever I already have something planned.
23 Q Now, there was an incident where during a
24 custody exchange your wife became belligerent or attacked
25 you?
12
• •
1 A That was -- it was to be -- she had called me
2 and told me that I was going to have to have them. And I
3 said you are going to have to pick them up from school,
4 because I had things to do. Well, I got a phone call from
5 Kyle at school, and no one had been there to pick him up,
6 and he sounded very upset. He was crying. So I went to
7 pick him up. And she had called and left me a message and
8 told me if I didn't get them tonight -- previously she
9 called and left a message and said if I didn't get them
10 tonight I wasn't going to see them. And I told her I had
11 things to do. And then Kyle called. Apparently he had done
12 a shotgun call. He had called both of us.
13 And I told him that I was going to go get.
14 him. And she had called and left a message on my answering
15 machine saying that she was going to go get him. And I got
16 there., and she was already there with him in the vehicle.
17 And Kyle got out and came running to me, he was crying. And
18 I went up to the vehicle, and I am like, you know, what's
19 going on. What's happening. You know, I said give me
20 Logan, and I will just leave. And she wouLdn't do that.
21 She locked the doors. And then she got out and then she
22 started, you know, giving me a hard time. I was like, look,
23 I just want to take my son with me and go.
24 Q Whose scheduled custody was it at that point,
25 do you remember?
13
0
•
1 A It was hers, but she told me I had to take
2 the kids that night.
3 Q And a police officer ultimately arrived,
4 correct?
5 A Yes. I told her, I said, I am going to call
6 the police. I didn't want to have to do it because it was
7 in front of the school and everything, but she
8 wouldn't -- you know, I could tell that she had been
9 drinking. And I could tell from where she called from that
10 she had been drinking.
11 Q Has alcohol been an issue in the exchanges?
12 A Not always, but a lot of the time it is.
13 Q Now, I asked you earlier about a typical
14 school day. Tell me about a weekend when you have the kids,
15 what kinds of things that you guys do on weekends.
16 A Well, it depends on when, you know, if it= is
17 in the springtime, usually weekends are -- Saturday is
18 baseball day. And Sunday we usually try to go on a hike.
19 But the time of the year, if it is winter and there is
20 something going on at the farm show we usually go there. 01
21 the summertime we try to go to a Senators game or the races.
22 Usually every weekend there is something we are doing. We
23 usually don't sit at home all weekend and not do anything.
24 And Sunday we usually try and relax and go for a hike if we
25 can or, you know, whatever we can do.
14
I Q Where are your parents from?
2 A Here.
3 Q Carlisle?
4 A Carlisle.
5 Q And do you have a chance to interact with
6 them from ti me to time?
7 A A lot.
8 Q Do they get to see the boys?
9 A Yes. My mom provides a lot of support for
10 them. She u sually takes them for school clothes and buys
11 them other c lothes when they need it, because there has been
12 times when I haven't had enough money to do it. And that
13 makes her fe el good to do that. She likes doing that.
14 Q And how about other relatives, uncles, aunts?
15 A Yeah. I have a pretty close family that
16 helps me out .
17 Q And your girlfriend's family, are they in the
18 area?
19 A Actually they just moved in the area, yes,
20 her parents did.
21 Q You were working on starting your own
22 business or doing your own business, auto --
23 A I had a business, yes. But I decided that
24 just the way things were going and as crazy as everything
25 was getting, I felt that it was best if we just curtailed.
15
• •
1 that right now, because it was just starting to take up too
2 much time.
3 Q You were finding that you weren't getting
4 very much profit for your time spent?
5 A No. Not at all. And plus the fact that two
6 summers in a row I had children at the shop every day, which
7 doesn't allow you to get very much work done. And I was
8 paying for childcare at the time, but I wasn't receiving
9 that.
10 Q Are you making money now in the business you
11 are in?
12 A Yes.
13 Q And that's because you are paid hourly
14 instead of depending upon your own business to make your
15 money?
16 A Yes. I am paid basically like a percentage
17 situation for getting things done. And my time isn't as
18 restrained as it was. It is a lot more flexible. I have a
19 lot more freedom in what I can do, and, you know, when I
20 need to be able to do things. So that helps as long as I
21 can get the things done that I need to get done. But with
22 having the shop it was constantly I had to be there. And
23 anytime I had to leave, I was the only one working there, so
24 nothing else was getting done. So I am leaving at 2:30. I
25 am leaving at 3:30. And then from 3:30 to 5:00 I tried to
16
•
1 get stuff done, but I had to try and keep an eye on where
2 they were, you know. And then sometimes I had to get things
3 done and they had to stay with me until 5:30 or 6:00. And
4 other times I would have to have my mom come pick them up
5 for that.
6 Q Now, in your past you had a criminal issue,
7 didn't you?
8 A A long time ago, yeah.
9 Q Do you know how long ago?
10 A 1989.
11 Q And that involved a drug crime, correct?
12 A Yes, it did.
13 Q It is safe to say for the Court that that.
14 doesn't influence your actions these days?
15 A Not at all. It was a big mistake I made, and
16 1 was young. You know, I was young. I don't really have
17 any excuse or anything I can use for it. It was stupid, but
18 I learned from it.
19 MR. ROMINGER: I have no further questions at
20 this time for this witness.
21 CROSS-EXAMINATION
22 BY MS. DIAMOND STONE:
23 Q Mr. Scott, until October of 2003, when you
24 pursued this c ustody matter, Ms. Failor actually had primary
25 custody of the children, isn't that correct.?
17
• •
1 A Yes.
2 Q And you then filed in October of 2003, you
3 filed for custody of the children?
4 A Yes. But we had been working on it since
5 April.
6 Q And that filing was immediately after Ms.
7 Failor had filed for child support, isn't that true?
8 A No. I have been paying child support on and
9 off for quite a while since we have been separated. I
10 actually voluntarily paid it when we were separated before
11 we had a court order.
12 Q You said on and off. In fact, during some of
13 those off periods, you were threatened with losing your
14 driver's license because you were so far behind on child
15 support?
16 A I got behind on it, yes, but it was paid.
17 And, also, there was a situation where there was money that
18 I had paid --
19 Q And also -- that answered my question.
20 Domestic Relations also stopped taking checks from you,
21 because they were bouncing, for child support, isn't that
22 correct?
23 A I did have one check that came back because
24 of that. But I had been giving her checks --
25 Q That answers --
18
I THE COURT: Ma'am, you two are starting to
2 talk at the same time. Let him finish his answer.
3 MS. DIAMONDSTONE: Yes, Your Honor.
4 THE WITNESS: I had tried to pay through
5 them, and she was in a hurry for the money. She didn't want
6 to wait for four or five days for it to go through Domestics
7 and them to write a check back to her, so I was giving her
8 checks, which got me $1,900.00 in arrears. But in reality I
9 was only about $135.00 in arrears through her. But through
10 Domestics.I was way behind, because I had been giving her
11 checks directly, which I shouldn't have been doing. But I
12 was doing it so my children could have, you know, food and
13 that sort of thing.
14 And she had to write a letter for the
15 $1,900.00 I was in arrears and got it cleared up. But I was
16 threatened to lose my driver's license, you are correct, but
17 I was giving her the checks directly.
18 BY MS. DIAMONDSTONE:
19 Q Part of the reason though that you weren't
20 giving them the direct checks though is because Domestic
21 Relations wouldn't take checks from you anymore?
22 A No. The reason I wasn't giving them the
23 direct checks is because she usually had to have the money
24 the next day. I give Domestic Relations money orders. I
25 did have one check that was returned, and I paid it.
19
9 •
1 Q When Ms. Failor had primary custody and would
2 ask you to assist with some extra time, you would refuse
3 that, didn't you?
4 A No. Unless I had something to do.
5 Q And there were occasions then when the boys
6 would call and say that they wanted to spend extra time with
7 you, and you would tell them that you were too busy at that
8 point, didn't you?
9 A No. I usually explained to them why I
10 couldn't. But, yeah, everybody has things that they have to
11 do sometimes. I was usually called on a moment's notice,
12 not given any ample time.
13 Q Just switching gears for a moment. Your son
14 Logan, you are aware that he has been diagnosed with
15 attention deficit hyperactivity disorder, ADHD, are you
16 aware of that?
17 A I have been told that he is diagnosed with
18 that. I don't believe it.
19 Q You haven't attended any of the doctor's
20 appointments to discuss this --
21 A I wasn't invited to any of the doctor's
22 appointments. The first time 1. was told what had happened,
23 and the second time I wasn't invited.
24 Q You are aware that the doctor has given a
25 prescription for Concerta to Logan?
20
•
1 A Yes.
2 Q And you don't cooperate with those dosages,
3 do you?
4 A After the conciliation hearing, yes, I did.
5 And I would cooperate with the dosages, but there were times
6 whenever I didn't have the drug. And there was many times
7 when I paid for the drug. But I didn't agree with it. And
8 I still don't agree with it. And he was not supposed to
9 have it everyday. But he has had it almost everyday through
10 the summer that he hasn't been with me. I thought it was
11 only for being able to concentrate in school. I didn't know
12 it was for being able to use it as a baby-sitter.
13 Q Over the summer you had the boys enrolled in
14 some sort of a daycare program?
15 A Yes.
16 Q And over this past summer you and Ms. Failor
17 have been working on a shared custody schedule, is that
18 correct, some days on, some days off?
19 A Yes.
20 Q But shared?
21 A Yeah.
22 Q And you were aware that up until recently Ms.
23 Failor wasn't working over the summer, you knew that?
24 A Yes.
25 Q And you also knew then that on the days that
21
I Ms. Failor had custody she wasn't sending the kids to
2 daycare, because the kids could be at home with her., isn't
3 that correct?
4 A I knew that she wasn't sending them, yeah.
5 The reasoning behind that I am not sure is because she
6 wanted them at home.
7 Q Well, would it be accurate to say that you
8 weren't happy about the fact that she wasn't sending the
9 kids to the daycare program?
10 A It would be accurate to say that I wasn't
11 happy that they weren't going on regular days. But there
12 was never a discussion between she and I as to what we were
13 going to do with them this summer. I had to make the
14 decision of what to do with them. And regardless if they
15 were there or not, I signed them up for a full daycare
16 program, and I had to pay if they weren't there.
17 If they had a valid reason for not going,
18 that would have been fine. But missing weeks at a time and
19 sitting around the house doing nothing, I didn't really feel
20 was beneficial to them.
21 Q Were you at Ms. Failor's house when the kids
22 were there all day?
23 A No.
24 Q So you don't really know that they did
25 nothing all day then, you weren't there?
22
• •
1 A Kyle told me.
2 Q You weren't there?
3 A No. I couldn't be there. I had to work. I
4 have a job.
5 Q You had testified earlier though that you
6 tried not to put the children in the middle of your
7 custodial issues?
8 A I do not.
9 Q This past July, when Ms. Failor wasn't
10 sending the kids to the childcare program, you actually
11 threatened Kyle that if mom didn't send the children to
12 daycare, that Kyle wasn't going to be allowed to play
13 baseball?
14 A No. You are incorrect with that. I called
15 him. And normally when he is with me, he doesn't have a
16 problem wanting to go. And when he is with his mom, he
17 doesn't want to go. And we were going to have a baseball
18 tournament coming up, and the way that I used it was a
19 measure to try and relate to Kyle how I felt about going.
20 I said, if you don't want to go to
21 Childtime -- it is kind of like whenever you are not in
22 school, you are not allowed to go outside. And if you don't
23 go to school one day, you don't go outside and play that
24 night. So if he doesn't want to go to the program, we are
25 not playing baseball. But I didn't keep him from playing in
23
• •
1 the tournament. And I will remind you that the next
2 tournament we were going to play in his mother did not want
3 to take him to. But the team fell apart anyhow. So she
4 told him that he wasn't going to play in the next
5 tournament. Now, all I was trying to do was use a little
6 discipline on my son. And it turned into a threat. It was
7 not a threat. I was upset and I was frustrated.
g Q You were upset at Ms. Failor?
9 A No. I was upset at Kyle. I wasn't trying to
10 put her in the middle or put him in the middle.
11 Q Before this most recent schedule that's a
12 two, three, two schedule, whatever it is that you guys have
13 agreed to since I guess July, early August., you are sort of
14 working on a four, three schedule, where one of you would
15 have four days during the week, and one of you would have
16 three days during the week?
17 A Yeah. Loosely.
18 Q Mother's Day fell during a period that you
19 had custody, didn't it?
20 A Yes.
21 Q And you refused to let the kids go see their
22 mother for Mother's Day?
23 A No. I didn't refuse to let. them go see her.
24 We had lunch planned. We were going to go to lunch, and we
25 did. She got them later on Mother's Day.
24
• •
I Q What time did they finally go over there?
2 A Sometime in the afternoon, pr obably 2:00,
3 2:30 maybe. I don't know.
4 Q You talked a little bit about Kyle and his
5 schooling. It would be accurate to say Kyle is an
6 exceptional st udent?
7 A He is very bright, yes.
8 Q And, in fact, his ability has really been
9 since he start ed school? He has always done well in school?
10 A I am going to take credit for that.
11 Q And up until October of 2003, when he was
12 attending scho ol, mom had primary custody of him?
13 A Yeah.
14 Q You had alternating weekends?
15 A Yes, we did. Every other wee kend or every
16 weekend. But there were many days when I took him to school
17 too, from 126 C Street to Hamilton.
18 MS. DIAMONDSTONE: I have no other questions,
19 Your Honor.
20 THE COURT: Anything else?
21 REDIRECT EXAMINATION
22 BY MR. ROMINGE R:
23 Q I take from all of this that your main
24 concern is stability for the children?
25 A Yes.
25
•
•
1 Q And I just want to clarify one thing. You
2 said something about the C Street address. Where was that?
3 A That was the house, at 126 C Street in
4 Carlisle.
5 Q Was that the original marital residence?
6 A Yes.
7 Q When you separated, your wife kept that?
g A In the agreement, the separation agreement,
9 yes, it was that she kept that. And then I kept the
10 vehicles. And I paid for the vehicles. And she paid for
11 the house. But it ended up that she needed a car, and I
12 still paid for it, and she kept the house.
13 Q And even though you didn't have custody
14 sometimes, you would be the person who was responsible for
15 getting the kids to school?
16 A Oh, there was lots of times. Just because
17 our schedule was every other weekend and one night a week, I
18 saw them a lot more than that.
19 MR. ROMINGER: No further questions.
20 THE COURT: Anything else?
21 MS. DIAMONDSTONE: Nothing further, Your
22 Honor.
23 BY THE COURT:
24 Q Mr. Scott, I have various conciliation orders
25 and custody or ders in this case, but I want to make sure
26
CJ
0
1 that I understand completely what the current custody
2 arrangement is, because it may be different. Will you tell
3 me for the record what it is that you are doing now, you
4 two?
5 A We have a fifty-fifty arrangement.
6 Q Okay.
7 A We have a two day, three day, schedule that
8 we have been following.
9 Q Tell me a little more about that. For
10 example, this week, how is it working?
11 A I would have them tonight, tomorrow night and
12 Saturday night until 6:00. And then Saturday night they
13 would go back with their mom for Saturday and Sunday. And
14 then I will pick them up Monday night at 6:00.
15 Q And then you would have them for, what, two
16 days?
17 A Yes.
18 Q And then she has them for the next three
19 days, and so forth and so on?
20 A Yes. And it seems to be very disruptive if I
21 may say, because at 6:00 on Saturday night it doesn't seem
22 like you can get to do much of anything.
23 Q Well, if you were to continue to share
24 custody, I am not saying that's necessarily going to be the
25 outcome today, but if you were to share custody on a fairly
27
• •
1 equal basis, what would be your preference then concerning a
2 pattern?
3 A I am not sure. The two day, three day, does
4 not work. Seven days on, seven days off, I am not sure is
5 good either, in school time anyhow. During a summertime or
6 a non-school time, it wouldn't be a problem. But during
7 school time, my preference honestly would be for me to have
8 them for school so I can make sure that they are there and
9 they are ready.
10 Q And what school do they go to? Somebody
11 probably said, or it is in the record, but I didn't write it
12 down.
13 A Kyle goes to Lamberton. And Logan went to
14 Letort. But due to her moving, he would have to change
15 schools this year regardless.
16 Q So they have tended to go to school where Ms.
17 Faller has been living?
18 A Yeah. Because she had primary custody of
19 them for a period of time.
20 THE COURT: All right. Thank you.
21 THE WITNESS: Thank you.
22 MR. ROMINGER: One follow-up based on Your
23 Honor's questions?
24 THE COURT: Sure.
25 REDIRECT EXAMINATION
28
1 BY MR. ROMINGER:
2 Q If you had primary custody, would you still
3 be wil ling to l et the kids go to school where Ms. Failor
4 lives?
5 A I could, but I am not sure exactly how we
6 could work that out with the logistics.
7 Q But you would be willing to try it if that
8 was a possible outcome?
9 A Yeah. I possibly could.
10 MR. ROMINGER: No further questions.
11 THE COURT: Thank you.
12 MS. DIAMONDSTONE: Your Honor, I would call
13 Tracy Failor.
14 Whereupon, TRACY FAILOR, having been duly
15 sworn, testified as follows:
16 DIRECT EXAMINATION
17 BY MS. DIAMONDSTONE:
18 Q If you could state your name and spell it for
19 the record?
20 A Tracy Failor, T-r-a-c-y, F-a-:i-l-o-r.
21 Q And how old are you?
22 A Thirty-one.
23 Q Where do you currently live?
24 A 2371 Walnut Bottom Road.
25 Q And who lives there with you?
29
• •
1 A My mother and my stepfather.
2 Q And anybody else?
3 A The boys.
4 Q How old are the boys?
5 A Kyle is twelve, and Logan is seven.
6 Q And Mr. Scott is the father of these two
7 children?
8 A Correct.
9 Q The boys don't live with you on a full-time
10 basis right now?
11 A Right. We are doing the shared custody.
12 Q And would you agree with Mr. Scott's relation
13 of it as a t wo, three schedule?
14 A Correct.
15 Q How long has that arrangement been in effect?
16 A For about two months now. Before that we
17 were doing four, three, four, three. And then it just
18 changed to two, three, two, three.
19 Q When did the four, three, four, three start?
20 A I guess that would have been in October.
21 Q Of...
22 A 2003.
23 Q Before October of 2003 what was the custody
24 situation?
25 A I had primary custody. Rick had them every
30
0 •
1 other weekend and one night through the week.
2 Q Do you agree with his assessment, that
3 despite that schedule he did have additional time and
4 provided transportation for school?
5 A I would -- since he owned the machine shop,
6 he could -- he had a flexible schedule. lie had his own
7 business. And I would have to be at work at 8:00. And the
8 kids didn't have to be at school until 8:30, so I would drop
9 them off with him at say 7:30. And he would keep them until
10 8:30 and take them to school, so that's correct.
11 Q How many years did you have primary custody?
12 A From 1997 until October of 2003.
13 Q With the current schedule, this two, three,
14 two, three, that we have been talking about for the past two
15 months, how has that been working?
16 A It has been working good, because it was set
17 like to start on a certain day, and it has been going fine
18 by me.
19 Q Do you know where Mr. Scott presently lives?
20 A Yeah. 116 Yates Street, Mt:. Holly.
21 Q How far do you live from Mr. Scott?
22 A Approximately ten miles.
23 Q And how do you guys take care of transporting
24 the kids during the custody exchanges?
25 A Through the week, if it is his day to get.
31
• •
1 them, the custody schedule says 6:00 p.m., but we have been
2 doing -- since they have to be picked up from Childtime by
3 5:30, he will pick them up. If it is my day, I will pick
4 them up at Childtime by 5:30.
5 Q You and Mr. Scott, we have heard, you don't
6 live in the same school district, is that correct?
7 A No. Neither of us live in the same school
8 district anymore that the children went to last year.
9 Q What school district are you in?
10 A I am in Big Spring School District now.
11 Q And what school district is Mr. Scott in?
12 A Kyle would still attend Lamberton Middle
13 School. But Logan would have to switch to Mt. Holly
14 Elementary.
15 Q Now, you said Kyle would stay at Lamberton,
16 Logan would switch schools. Where had he been before the
17 Mt. Holly school?
18 A At Letort Elementary.
19 Q And have they always been in the Letort,
20 Lamberton school?
21 A No. Kyle went to Hamilton kindergarten
22 through fifth grade. The last semester of fifth grade 1
23 moved. Well, Logan was in kindergarten that year. And they
24 both attended Big Spring School District.
25 Q So they would actually be going back to a
32
• •
1 school that they are familiar with?
2 A Yes.
3 Q And are the boys registered to begin school?
4 A Yeah. They have expressed to me that that's
5 where they want to go, so I registered them for Big Spring
6 School District.
7 Q And what grade is Logan going to be going
8 into?
9 A He is going into second.
10 Q And Kyle is going into...
11 A Seventh.
12 Q The Big Spring School District, can you
13 explain how their schools are set up? Are they going to be
14 in the same school, different schools?
15 A Kyle will go to Big Spring Middle School.
16 And Logan would go back to Oak Flat, where he went in
17 kindergarten. And they are approximately a mile, a mile and
18 a half, apart from each other.
19 Q Do you know where Mr. Scott currently works?
20 A In Newville.
21 Q And do you know how close Mr. Scott's place
22 of employment is to the two schools that you just
23 identified, the Oak Flat and the --
24 A I would say about a mile to each school.
25 Q So then if you were to maintain a shared
33
• •
1 custody schedule, the days that the children would be with
2 dad, they could go to school when he came in to work?
3 A Correct.
4 Q And when they were with you, they could take
5 a bus to and from school?
6 A Correct. Even if it was for his time -- I
7 mean, they could still ride the bus home if he had to work,
8 and he could pick them up, you know, when he was done
9 working.
10 Q We have talked a little bit about how Kyle
11 does in school. Can you tell the Court a little bit about
12 what you have seen in Kyle's performance?
13 A He has been basically straight A's and B's,
14 honor roll, all year last year. I think fourth grade he had
15 A's in every subject the whole year. And I wouldn't say I
16 take full credit for that. I think that's Kyle credit for
1.7 doing his part.
18 MS. DIAMONDSTONE: Your Honor, I would
19 request to have these marked.
20 MR. ROMINGER: No objection.
21 (Whereupon, Defendant's Exhibit No. 1A-D
22 were marked for identification.)
23 BY MS. DIAMONDSTONE:
24 Q I am going to show you what's been marked as
25 Defendant's Exhibit 1-A through 1-D. Did do you recognize
34
1 what it is that I have handed you?
2 A Yeah. They are Kyle's report cards from
3 grade two, gra de three, grade four and grade five. I have
4 more, but with just recently moving I have everything in
5 storage, and I can't find everything right now.
6 Q Just briefly, could you tell the Court what
7 the report car ds reflect as far as Kyle's performance?
8 A Basically he was usually excellent in
9 everything or satisfactory high. Fourth grade was all A's.
10 Fifth grade al l A's, one B. Sixth grade, like I said, he
11 made the honor roll every marking period.
12 Q The years reflected in this packet, what was
13 the custody si tuation?
14 A I had primary custody of the children.
15 Q You heard Mr. Scott testify that he has some
16 concerns about the kids getting to school, being in school,
17 when they are in your care?
18 A Yes.
19 Q Do the report cards also reflect absences and
20 tardiness?
21 A Yes, they do.
22 Q Looking at the pages, could you tell the
23 court how many times, over the four years that are covered,
24 how many times Kyle missed school total?
25 A In grade two he missed two and a half days.
35
• •
1 He was late three. In grade three he missed six and a half
2 days and was late two. In grade four, this is only the
3 first marking period, he missed three days the first marking
4 period and was not late at all. And grade five, this was
5 when he was going to Big Spring, he was absent three days
6 and tardy zero.
7 Q You heard Mr. Scott testify that over the
8 past year, this past school year when the shared custody
9 came about, that his absences and tardiness increased. Are
10 you aware of whether or not Kyle missed school or was late
11 to school?
12 A Yeah. There was -- I don't know if something
13 was going on with -- Kyle really is an excellent student and
14 likes to go to school. But this past year I don't know if
15 something had happened at Lamberton. But he was throwing up
16 a lot, complaining of stomach pains. I had taken him to the
17 emergency room. I had taken him to the doctor's, had blood
18 work done. You know, I told Mr. Scott about the
19 appointments. He didn't attend any of them. But I took.
20 Kyle to the emergency room and took him to the doctor's.
21 The doctor, you know, upon examining him, didn't find
22 anything wrong, and thought that Kyle was just trying to get
23 out of going to school, which was unusual. But there was
24 something going on at school. Kyle wouldn't tell me, but...
25 MS. DIAMONDSTONN: Your Honor, I would ask to
36
• •
1 have this marked as Defendant's Exhibit 2. And I would just
2 ask for counsel's agreement that the original be allowed to
3 be kept and that we would use a copy.
4 MR. ROMINGER: No objection.
5 (Whereupon, Defendant's Exhibit No. 2
6 was marked for identification.)
7 BY MS. DIAMONDSTONE:
8 Q I am going to show you what I have marked as
9 Defendant's Exhibit 2. Do you recognize what I have handed
10 to you?
11 A It is Kyle's honor roll certificate for the
12 third marking period of sixth grade. He has three more
13 somewhere. But like I said, I moved, and everything is
14 packed away right now.
15 Q But that's honor roll for this past year?
16 A Correct.
17 (Whereupon, Defendant's Exhibit No. 3
18 was marked for identification.)
19 BY MS. DIAMONDSTONE:
20 Q I am showing you what's been marked as
21 Defendant's Exhibit 3. Do you recognize that document?
22 A Yeah. It is Kyle's PSSA assessment.
23 Q And what is that?
24 A This is the sixth grade writing individual
25 student report.
37
• •
1 Q And does it reflect how Kyle scored on that?
2 A Yeah. It says he scored a 1516, which says
3 you scored a s high or higher than ninety-one percent of
4 sixth grade students.
5 Q When you say 1516, that's 1,516?
6 A Yeah. But he scored as high or higher than
7 ninety-one p ercent of sixth grade students.
8 Q And that was also just this past year?
9 A Correct.
10 Q Switching gears to talk a little bit about
11 Logan. What grade is he going into?
12 A Logan is going into second grade.
13 Q How does he do in school?
14 A Not as well as Kyle. He is below grade level
15 in reading, and I also believe below grade level in
16 language.
17 Q Let me stop you for a moment.
18 (Whereupon, Defendant's Exhibit No. 4
19 was marked for identification.)
20 Q I will show you what's been marked as
21 Defendant's 4. Can you identify that document?
22 A This is Logan's report card for last year in
23 grade one.
24 Q And you had started to testify that he is
25 not -- his g rades aren't quite as high as Kyle's?
38
• •
1 A No. And then when it comes to social
2 development, a minus indicates he needs more work. And he
3 has a minus in obeys school rules, a minus in assumes
4 responsibility, a minus in demonstrating self-control, a
5 minus in follows directions, a minus in organizes tasks, a
6 minus in works well independently, a minus in stays on t=ask,
7 and a minus in pays attention.
8 Q As Logan's parent, do you have any
9 understanding or idea as to why Logan seems to have more
10 trouble in school?
11 A Because he has ADHD.
12 Q When was he diagnosed with that?
13 A It was kindergarten. His teacher -- I mean,
14 I kind of knew it before that, but I never did anything
15 about it until he started school. And his kindergarten
16 teacher would stop me everyday when I picked him up with
17 concerns. So her and I_ filled out an assessment form for
18 ADHD, and we both scored him. She scored him and I also
19 scored him in the ADHD range. I took those scores to his
20 physician, and they diagnosed him with ADHD.
21 Q And how is that problem treated?
22 A Well, he started out on I think like two or
23 three different medications that I didn't like that didn't
24 seem to work well for him. But now he is on Concerts,
25 twenty-seven milligrams daily, and it seems to work well for
39
CJ
0
1 him.
2 Q Ccncerta is a prescription medication?
3 A Correct.
4 Q And the prescription is one time daily?
5 A Yes.
6 Q Does that depend on what time of the year?
7 A No. I actually have been getting
8 prescriptions for the whole summer, but Rick refuses to give
9 him his medici ne during the summer.
10 Q Does he receive follow-up treatment with the
11 doctor?
12 A Yeah. Since it is a narcotic, I have to go
13 every month an d pick up the prescription. But they like to
14 see him every three to four months tc follow-up to see how
15 he is doing.
16 Q Does Mr. Scott participate in the doctor's
17 appointments?
18 A He has never been to one.
19 Q Do you notify him when they are going to be
20 scheduled?
21 A I have.
22 Q How far in advance do you tell him when they
23 are scheduled?
24 A A couple davs. This past year he insisted on
25 a second opini on. And because of a change of insurance, I
40
• •
1 had to switch physicians for the kids. And so I told Rick
2 that, you know, we are going to see Dr. Kipp as a new
3 physician, and told him when the date was and when the time
4 was. And he said he didn't want to come, just to let him
5 know what the doctor said.
6 Q Have you tried to discuss this issue with Mr.
7 Scott?
g A Yes.
9 Q And what has his response been?
10 A That Logan doesn't have ADHD, and that we
11 just need to cut the sugar out of his diet. This past year
12 Rick and Loga n's first grade teacher took a test, like I did
13 with his kind ergarten teacher, and his first grade teacher
14 scored him in the ADHD range, and Rick did not.
15 Q Do the boys participate in extracurricular
16 activities?
17 A They both play baseball.
18 Q And are you and Mr. Scott generally
19 supportive?
20 A Generally.
21 Q And regardless of who has custody at the
22 time, do you both insure that the kids are going to get to
23 their games?
24 A They don't miss a game.
25 Q Have either of you denied the boys the
41
• •
1 opportunity to participate in baseball?
2 A Rick tried to.
3 Q Before we talk about that, we heard some
4 testimony that you refused or you didn't want to take the
5 children to a game. Can you expound on that?
6 A Kyle had played baseball for the spring, made
7 All-Stars, which they didn't get very far in All-Stars.
8 And then there were tournaments that the coach was signing
9 them up for after that. And the first set of tournaments
10 was in Newport, and they weren't doing well. They didn't
11 win anything. And the next set of tournaments was in
12 Greencastle. And I expressed my feeling to Kyle that I
13 didn't think it was worth the time and the travel and the
14 gas to go to Greencastle, because the team wasn't doing
15 well. That was my opinion.
16 Q What was the ultimate outcome though?
17 A The team didn't have enough players, so they
18 didn't play in that tournament.
19 Q Did the team not have enough players because
20 Kyle wasn't going to be there?
21 A No. There was several other kids that backed
22 out of the tournament for the same reasons that I didn't
23 want to go.
24 Q I want to go back to then what you had
25 started to testify to about Mr. Scott trying to prevent Kyle
42
• •
1 from going. Over the course of you relationship with Mr.
2 Scott, have you had the opportunity to speak to him on the
3 phone?
4 A Yes.
5 Q And has Mr. Scott left you voice mail
6 messages on your telephone?
7 A Yes. I wish I would have saved them all, but
8 I recently just start to save them.
9 Q Are you able to recognize Mr. Scott's voice
10 on a recording?
11 A Yes, definitely.
12 MS. DIAMONDSTONE: Your Honor, I have a tape.
13 I am going to ask that it be marked as S.
14 MR. ROMINGER: No objection.
15 (Whereupon, Defendant's Exhibit No. 5
16 was marked for identification.)
17 (Whereupon, the tape was played.)
18 THE WITNESS: That was the attorney ;rind of
19 recorded over the last part of the message.
20 BY MS. DIAMONDSTONE:
21 Q Whose voice is that on the tape?
22 A Rick Scott.
23 Q And how did you get this message?
24 A They were left on my cell phone, so I just
25 played the messages and held the tape recorder up to my cell
43
•
•
1 phone.
2 Q Do you recall about when those messages were
3 left?
4 A It was in July.
5 Q The day that's in question on this, whose
6 custody day was it?
7 A My custody day.
g Q And had you talked to Kyle about whether or
9 not he wanted to go to this daycare program?
10 A Kyle told me numerous times he did not lake
11 Childtime and did not want to go to Childtime. And since I
12 was not worki ng, I would rather have my children with me
13 than to send them somewhere else.
14 Q I want to bring your focus around to where
15 you currently live. Can you describe your home?
16 A My mom's home. It is a four bedroom mobile
17 home with an addition, on an acre of ground.
18 Q And do the boys have their own rooms?
19 A Yes.
20 Q Do they have beds?
21 A Yes.
22 Q Dressers?
23 A Yes.
24 Q Clothes?
25 A Yes.
44
• •
1 Q Three square meals a day?
2 A Plus junk food, yeah.
3 Q Is there a place there that they can do
4 homework wit hout distraction?
5 A I have a computer set up for them plus the
6 dining room table.
7 Q Are there any desks?
8 A Yeah. Where the computer is there is a desk.
9 Q Being in your mother's home are the children
10 able to get a decent night's sleep without_ being interrupted
11 during the school year?
12 A Yes. Actually they really like living with
13 my mom.
14 Q Do you believe that your home is a safe
15 environment for the children?
16 A Yes.
17 Q Can you describe the neighborhood?
18 A It is pretty rural. There is an Amish family
19 that lives behind my mom. They have five kids. So my kids
20 ride their b ikes up there and play with the Amish children.
21 Q And are those children in the same age range?
22 A There is five of them. I don't know their
23 ages, but, yeah, they are pretty close, somewhere in there.
24 Q And do the boys have friends in that area?
25 A They have a lot of friends from Big Spring
45
1 from when they went there, plus from playing baseball. They
2 have a lot_ of friends who played for Newville, which is
3 where they want to play this coming year. They want to play
4 for Newville instead of Carlisle is what they told me.
5 Q And as far as your personal situation, how do
6 you support the children financially?
7 A I work for Bob Ruth's Auto Mart. I just
8 started working there as a financial manager.
9 Q When did you start working there?
10 A The middle of July.
11 Q And what are your scheduled hours?
12 A It is Monday through Friday 9:00 to 5:00.
13 Sometimes I have to work Wednesdays until 8:00 because my
14 boss has off. So they need someone there to do the
15 financing end of it, and occasional Saturdays, which he has
16 agreed to let me work that around my schedule with the kids.
17 Q With this job you have these set hours, is it
18 flexible enough that you will be able to care for the kids
19 if they were ill, make doctors' appointments, baseball
20 games, practices?
21 A Oh, yes. It is right in there, in their
22 policies and procedure, it is right in there that you are
23 allowed so much time for school activities, things like
24 that.
25 Q And are you able to provide health insurance
46
•
1 for the boys in this job?
2 A Yes.
3 Q How are the boys currently insured?
4 A My husband that I am married to now covers
5 them. I cove red them before that. Rick has never covered
6 them for insu rance.
7 Q Your work hours are obviously going to
8 require that you are at work sometimes after the children
9 are home from school. Do you have childcare lined up?
10 A They will be dropped off from the bus at my
11 mom's house. And she will watch them for me until I. get off
12 work.
13 Q And are you able to see the kids off to
14 school in the morning before you leave?
15 A Yes. Since I don't have to be at work until
16 9:00.
17 Q Other than participating in baseball, what
18 activities do you do with the kids when you are together?
19 A They like to go swimming. We go swimming a
20 lot. Financially, in the past, I haven't been able to do a
21 lot of things with them, you know. We like to spend a lot
22 of time at ho me, cooking dinner, watching movies, you know,
23 playing baseball out in the backyard.
24 Q Do you play baseball with them?
25 A I try to. They are better than me.
47
• •
1 Q Could you describe your relationship with the
2 boys?
3 A Well, Logan is the youngest. He is the real
4 mommy baby. And Kyle, he is at that age, you know, he
5 doesn't want me to kiss him when I drop him off at school,
6 you know, no touchy, feely things. But we have a good
7 relationship, we talk.
8 Q How do you discipline the children?
9 A I usually yell. It doesn't get me anywhere
10 sometimes. But, you know, say you are going to go to bed
11 early whatever, which sometimes I do make them go to bed
12 early if they are not listening, which when Logan doesn't
13 have his medicine -- actually Logan, when he doesn't have
14 his medicine, wants to go to bed early, because he is just
15 worn out from the whole day of bouncing around.
16 Q Do you physically punish the children?
17 A No. I have in the past, you know, I have
18 smacked their butts. I have smacked Kyle's mouth maybe once
19 or twice for back-talking in the past. But Kyle is like at
20 that age now, you know, he is kind of growing out of
21 spanking his butt.
22 Q I want to touch back on something you just.
23 mentioned about Logan when he doesn't have his medication.
24 What happens when he doesn't have his medication?
25 A Lots of things. He does things that he
48
• •
1 doesn't do when he has his medicine. Just the other day we
2 were at my mom's house, and he was walking by my mom's dog,
3 and he kicked the dog, just, I mean, I know he didn't think
4 about it. He was walking by and he just kicked the dog.
5 The other week, it was about two or three
6 weeks ago, my stepsister was up from Texas, and her son is
7 about Logan's age, came in crying because Logan had bit him.
8 And Logan had also bit himself, hard enough to leave
9 impressions of his teeth on his arm. You know, and I will
10 ask him why he does stuff like that, and he will say I
11 couldn't help it, you know. It is like he does things
12 before thinking about it. He thinks about it after he does
13 it, instead of thinking about it before he does it.
14 Q The things that you just described, those
15 occurred on days that he had not had his medication?
16 A Days that he would be with Rick, and I would
17 get him from Childtime at 5:30. And in the evening he is
18 just off the wall.
19 Q If Logan doesn't get his medicine when he is
20 with his father, why can't you just give it to him when he
21 gets to your house?
22 A Although it is a medicine that calms him
23 down, it can cause insomnia. When I first started giving it
24 to him, I didn't know everything that it did. But one day I
25 forgot, and it was late, it was like noon when I gave it to
49
•
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
him, and he was up until 2:00 or 3:00 in the morning. He
wasn't bouncing off the walls, but he just couldn't go to
sleep. So I don't give it to him any later than 10:00 in
the morning now.
Q Going back to where we started, how do you
feel about Kyle and Logan?
A I love them to death.
Q And with the exception of the lack of
medication, how do the boys generally behave when they are
with you?
A Good. I mean, they are kids. They are not
perfect, but they are usually pretty good.
Q When you have custody of the children, how
often do you leave them with other people to watch them to
go and do your own thing?
A Hardly ever.
Q Can you give us an idea in the past year?
A I think my mom has watched them twice in the
past year. My niece maybe twice. So maybe four or -five
times.
Q What do you feel would be the most beneficial
arrangement with the boys?
A In my heart I feel it would be beneficial for
them to be with both their father and me. I don't want to
deny them their relationship with their father, but that
50
• •
1 doesn't seem to be the objective here for some reason. And,
2 you know, I don't want my relationship hindered with them,
3 which is what I feel. is trying to happen. So I would l=ike
4 to have full custody, if we can't come to an agreement for
5 some reason.
6 Q If the Court were to make the decision to
7 give you primary custody, how would you encourage the
8 children's relationship with their father?
9 A I have always encouraged their relationship.
10 If they want to go with their dad an extra day, like it was
11 testified earlier, you know, I would say call your dad and
12 ask him, you know. But at that time when I had primary
13 custody, and he had his own business, he didn't have time
14 for them. And he would tell them no. And Kyle would cry.
15 Well, why can't you just spend this day with us. I am too
16 busy. You know, and I felt bad, but, you know, I wasn't
17 going to say, no, you can't go spend time with your dad. 1
18 would say you can call- him and ask him, you know, but it
19 wasn't my decision to make whether he would take them or
20 not.
21 Q Knowing that currently Mr. Scott doesn't have
22 his own business and he is working for someone else, and as
23 he testified has a more flexible schedule, if the kids now
24 came to you and said they wanted to spend some extra time
25 with dad and extra days, would you be willing to cooperate
51
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
•
with that?
11
A That's fine. You know, they love their clad,
and I don't want to change that.
Q And what do you do now to insure that they
have a healthy relationship with their father?
A I just, you know, I know they love their dad,
and I want them to love their dad. I don't want to change
that. Like I said, I don't want to change that. I don't
want them to not like their father.
Q Have you ever tried to prevent the boys from
spending time with their dad?
A No. There was one time that I was frustrated
over child support, over arguing every week to try and get
it from him. And it was the last resort, I said you are not
getting the kids unless you pay child support.
Q When did that happen?
A I think it was like three years ago.
Q Has it happened since then?
A No.
Q If you had primary custody, would you be
willing to work with Mr. Scott to give him additional time
and extra time in the summers?
A If he wanted it.
Q And would you be willing to work with Mr.
Scott to make sure that both of you had time with the kids
52
• •
1 during holidays?
2 A Yes. I mean, I think, you know, like the
3 Mother's Day situation and Father's Day, he is their father.
4 He should have them on Father's Day. I am their mother, I
5 should have them on Mother's Day. You know, other holidays
6 we can split, you know.
7 Q What time did you get the kids on Mother's
8 Day?
9 A It wasn't 2:00 in the afternoon. I was told
10 I could get them after 6:00 in the evening on Mother's Day.
11 MS. DIAMONDSTONE: I have no additional
12 questions at this time.
13 CROSS-EXAMINATION
14 BY MR. ROMINGER:
15 Q You did something with Logan called my
16 reading log. Do you remember doing that, where Logan would
17 read books and you guys would be responsible for --
18 A Yes.
19 (Whereupon, Plaintiff's Exhibit No. 1
20 was marked for identification.)
21 Q I am going to show you what I have marked as
22 Plaintiff's Exhibit No. 1. It is a series of pages and
23 photocopies, a reading log. Are you familiar with that?
24 A Yes.
25 Q That was an activity where the school had the
53
I parents keep track of what books the child has read and then
2 sign and date that for the kid to verify it so they can keep
3 track of that?
4 A Yes. The parents sign and date it?
5 Q Yes.
6 A Yes.
7 Q And the kids sort of put the title of the
8 book down, or in some cases the parent writes the title of
9 the book in the line?
10 A It didn't matter.
11 Q Now, I highlighted in fluorescent orange all
12 the times and all the books that you did with Logan. But
13 you would agree and it is fair to say that Rick actually has
14 the majority of the books done with Logan, right?
15 A You didn't highlight this one page, but,
16 yeah, there were times when like I would be getting the kids
17 on Sunday night, and then I would be taking them to school
18 on Monday, and Rick would already read his books, ir. an
19 effort to do exactly what he did, make it look like he was
20 doing more reading.
21 Q My point is this, Rick is, and you cannot
22 deny it as you sit here today, active with the children with
23 their school work?
24 A No. I would not deny that. He is a good
25 father. I would not say he is not a good father.
54
I Q And when we talk about report cards, it has
2 been both of yo u who have helped establish --
3 A It has been the kids who do the work.
4 Q Right.
5 A And I would not sit here and say I take full
6 credit for that . The kids do the work. The kids spend the
7 time and learn. Kyle has, on his own.
8 Q You had your counsel play two messages that
9 you received, o ne after the other, correct?
10 A One was one day. And one was maybe a day or
11 two later.
12 Q Okay. So when the Court heard those two
13 messages, those weren't in rapid sequence? The angry
14 message was one day, and then the calmer-sounding message
15 was a different day?
16 A The angry message was one day. And the
17 threatening mes sage was another day.
18 Q Now, you work at Bob Ruth's Auto Mart?
19 A Correct.
20 Q Where did you work before that?
21 A I worked at the Fraternal Order of the Eagles
22 as a bartender.
23 Q You were terminated from there, correct?
24 A Correct.
25 Q And what was the date of that termination?
55
I A I don't recall. It was March.
2 Q March?
3 A Of this past year.
4 Q Now, between March and getting this job at
5 Bob Ruth's Aut o Mart, you weren't working at all, correct?
6 A No. I was collecting Unemployment.
7 Q Now, you told the Court in a statement not
8 too long ago t hat in the last year you probably only left
9 the kids alone with your mom maybe twice during your periods
lQ of custody?
11 A Correct.
12 Q How about other people you might have left
13 the kids with?
14 A My niece babysat for me a few times. That's
15 all. I don't leave my kids with just anybody.
16 Q Well, just through recent history, or. June
17 28th, that was a Saturday when you had custody, you left the
18 kids with your mother, right?
19 A I don't recall, but that's possible.
20 Q You went out on that Saturday night. June
21 14th, on a Sat urday night, you had an eviction notice, and
22 you were going to pack, but you got Rick's mom to watch the
23 kids so you co uld go out on June 14th, right?
24 A No. I don't speak to Rick's mom anymore. I
25 haven't spoken to her in quite sometime.
56
I Q If she ended up with the kids on June 14th,
2 is that a po ssibility that that was during your custody'?
3 A I would say not. It was probably during
4 Rick's custo dy, because she has them quite frequently when
5 it is Rick's custody.
6 Q May 1.6th, isn't that when you went out for
7 the weekend and your niece watched the kids?
8 A For the weekend, I went out for the weekend?
9 Q Saturday night?
10 A I don't know.
11 Q You go out a few nights a week?
12 A When I don't have my kids, I go out, yes, as
13 well as Mr. Scott does.
14 Q You recently had to be hospitalized, correct?
15 A Correct.
16 Q And that was at Holy Spirit for some mental
17 health issue s?
18 MS. DIAMONDSTONE: I am going to object to
19 the relevance.
20 THE COURT: Overruled.
21 BY MR. ROMIN GER:
22 Q You had a breakdown?
23 A I was going through depression and anxiety
24 over the hea ring that was pending. I was just stressing
25 over it too much.
57
•
1 Q I understand that. And you sought treatment
2 for it?
3 A Correct.
4 Q Now --
5 A But previously to that my doctor_ had
6 changed -- I have been on depression medicine for probably
7 three years, and my doctor had changed my medicine. Which
8 when I went into the hospital, the physician there said that
9 it was not a smart thing to do. It is very dangerous to
10 change somebody's medicine, especially during a stressful
11 period of time that I was going through.
12 Q And that medicine started back from around
13 2002 when you had another incident, a suicide incident in
14 2002?
15 A That was before I started taking medicine for
16 depression.
17 Q And the medicines that you are on, you are
18 really not supposed to drink when you are on those, correct?
19 A It says use caution.
20 Q There are times when you have called and left
21 messages for my client that are very angry sounding on his
22 answering machine, screaming, yelling, things like that?
23 A Probably like maybe Mother's Day when he
24 wouldn't let me have my children, I was really upset, yeah,
25 I left messages. I have left messages for Pam when she
58
• •
1 threatened in front of my kids to rip bones out of my body,
2 yeah, I have left messages, nothing to hurt my children.
3 Q But it is fair to say that if the message you
4 have, that my client left you, that that would not be --- in
5 the overall context of things, you regularly leave pretty
6 loud and angry messages, don't you?
7 A Yeah. But I don't take it out on my
8 children. I don't threaten to take it out on my children
9 because I am angry at them, at him or at anybody else.
10 Q In September of 2003, you left a message
11 saying that if he went forward with the custody he would
12 never see his kids again, didn't you?
13 A I don't recall. I may have. I mean, I was
14 pretty upset that, you know, after all the years that I had
15 full custody all of a sudden he decides he wants to take the
16 children from me.
17 Q Now, isn't it true that a lot of times that
18 the kids have been late for school, that's because you
19 haven't been able to get up and go on those mornings?
20 A No. Kyle is going through a stage of he has
21 got to have his hair perfect, and a lot of times makes
22 himself late for school.
23 Q I am curious about that, because when I look
24 at your attendance records for the two kids for 2004, which
25 your counsel placed into the record, I notice that Logan is
59
•
1 the one who is more often tardy or late than Kyle?
2 A Logan was more often not in school because
3 Rick would refuse to help pay for his medicine. And it was
4 a waste of time to send him to school because he couldn't
5 focus on anything. And that's basically what the teacher
6 had told me. He is not getting anything out of school when
7 he doesn't have his medicine.
8 Q Now, when did you last live with your
9 husband?
10 A The final separation was May of this past
11 year.
12 Q May?
13 A No -- yeah. May of this past year.
14 Q You have actually gotten back together and
15 separated several different times?
16 A Yes.
17 Q Do you know how many?
18 A No.
19 Q And it is fair to say that each time that
20 that has happened you and the children have had to move or
21 changed where you are living or who is living there'?
22 A No. I lived at our house that we bought
23 for -- well, for Kyle from kindergarten through fifth grade,
24 and he is only going into seventh grade. And I have lived
25 two other place since then. Because of financial reasons,
60
1 yes, I had to move.
2 Q I see that it was about April of 2003 the
3 house was foreclosed on, and you left it, correct, the C
4 Street house?
5 A I lost my job and didn't get my Unemployment
6 in the time fashion that I should have, so I got behind on
7 my payments. I didn't leave then. I tried to get it worked
8 out, which it never did get worked out.
9 Q You then moved to Pine Grove Road from April
10 to August. Does that sound right?
11 A Yeah.
12 Q Or Pine Road?
13 A Pine Road, yes.
14 Q And where is that?
15 A It is up near Huntsdale. That's when the
16 children start ed at Big Spring School District.
17 Q And you ultimately were evicted from that
18 property, righ t?
19 A Yeah. My dog had bit the landlord, and the
20 landlord wasn' t very happy with me.
21 Q This is the same dog that bit the police
22 officer when h e was over at your house because of your
23 husband right, the Russell Terrier?
24 A Jack Russell Terrier, yeah.
25 Q And August of 2003 until June of 2004 you
61
• •
1 lived on East Louther Street?
2 A Correct.
3 Q Then you did two weeks at 138 North Hanover
4 Street. You m oved in temporarily with a new boyfriend?
5 A No.
6 Q You are going to deny today that you or the
7 kids live d for any period of time at 138 North Hanover
8 Street?
9 A I am going to deny that we lived there. We
10 stayed th ere.
11 Q You stayed there for a period of weeks?
12 A Two weeks. Until I made arrangements for us
13 to live s omewh ere.
14 Q And that was with a guy you were dating at
15 the time?
16 A Yes.
17 Q What was his name?
18 A Mike Finkenbinder.
19 Q And now you are back at your mother's house,
20 where you move d in a few weeks ago at --
21 A I am not back. I have never lived with
22 my -- me and t he kids have never lived with my mom. This is
23 the first time we have lived with my mom.
24 Q You had gone out and stayed with your mom a
25 few times when you and Mr. Failor were on the out back in
62
•
•
1 '02 and '03?
2 A No. I have always been on my own.
3 Q I have a police report where you told the
4 police you were only going to stay at your mother's for a
5 little while. Is that a possibility?
6 A I may have said that. I have never stayed
7 with my mom.
8 Q And you have had some talks with Mr. Failor
9 about possibly seeing each other again, haven't you?
10 A No.
11 Q You haven't had any contact with him since
12 you moved, sinc e you moved out of --
13 A Yeah. I have contact about the divorce,
14 about property that he still has of mine, property that I
15 still have of h is.
16 Q And you guys have gone out to the bar and
17 places to talk about it in public?
18 A No. We have not.
19 Q You just introduced the boys not too long to
20 a new guy you are dating from your work at Bob Ruth's Auto
21 Mart, right?
22 A No. He is a friend.
23 Q He is a friend. You guys went to the fair
24 and took the ki ds to the fair?
25 A Yeah.
63
I Q And you have talked a little bit about that
2 individual with the boys?
3 A I haven't really talked about him to the
4 boys. I mean, we went to the fair together. We didn't hold
5 hands. We didn't, you know, we took my children to a fair.
6 Q If all the absences from school occur while
7 the children are in your custody and not in Rick's, how do
8 you explain that?
9 A Because Rick would go to work. If the k:Lds
10 were sick, they would come to me, and I would have them.
11 Q And there were times when you had schedu:Led
12 custody, but you didn't exercise it over the last couple
13 months or back --
14 A Over the last couple months, no.
15 Q Well, you agree that was true in October,
16 November and December?
17 A I would say there were a few times that 1
18 asked Rick to keep them. I was going through a lot through
19 that time period.
20 Q When you are feeling down or having an issue,
21 sometimes you have asked Rick to step in?
22 A During that time frame?
23 Q Yes.
24 A I did, yes.
25 MR. ROMINGER: I don't have any further
64
0 •
1 questions.
2 THE COURT: Any redirect?
3 MS. DIAMONDSTONF: Briefly, Your Honor.
4 THE COURT: Certainly.
5 REDIRECT EXAMINATION
6 BY MS. DIAMO NDSTONE:
7 Q Tracy, just to talk a little bit about this
8 issue that w as raised regarding some medical issues and
9 depression. Are you currently being treated for depression?
10 A Yes.
11 Q Do you currently take medication for it?
12 A Yes.
13 Q Does the depression interfere with your
14 ability to p arent Kyle and Logan?
15 A No.
16 Q Does the depression interfere with your
17 ability to h elp them with homework?
18 A No.
19 Q Does the depression interfere with your
20 ability to i nsure that they have a schedule where they qet
21 up and go to bed?
22 A No.
23 Q Does it interfere with your ability to
24 provide food on the table for them?
25 A No.
65
• •
1 Q Has it interfered with your ability to work?
2 A No.
3 MS. DIAMONDSTONE: Nothing further.
4 MR. ROMINGER: Just one follow-up.
5 RECROSS EXAMINATION
6 BY MR. ROMINGER:
7 Q By your own testimony it has interfered,
8 because there are times when you have been overwhelmed or
9 depressed, and you have asked Rick to step in?
10 A Before I was on medication.
11 Q And it interfered with your ability to have
12 custody this spring, didn't it, for a few days, where you
13 did a seventy-two hour commitment, correct?
14 A That's when I told you they had switched my
15 medication, which is like the psychiatrist had told me, is a
16 really dangerous thing to do, change somebody's medication,
17 especially during the time period that they did it, right
18 before the custody hearing.
19 MR. ROMINGER: No further questions right
20 now.
21 THE COURT: Ma'am, you are obviously not as
22 concerned as Mr. Scott is about the fact that the two on,
23 three on, two on, might be disruptive. Is your sense that
24 the children, in the arrangement that they are in now, that
25 they are happy?
66
• •
1 THE WITNESS: Yes. They have told me that
2 they are happy. I mean, they love me, and they love their
3 dad.
4 THE COURT: And they seem okay with seeing
5 both of you frequently?
6 THE WITNESS: Yes.
7 THE COURT: Thank you.
8 THE WITNESS: You are welcome.
g THE COURT: All right. We will take a
10 recess.
11 (Whereupon, a recess was taken.)
12 AFTER RECESS
13 (Whereupon, Kyle was questioned in chambers.)
14 BY THE COURT:
15 Q Do you know why we are here today?
16 A (Nodding head affirmatively).
17 Q Can you put it in your own words?
18 A No.
19 Q You don't know. Can you tell me generally
20 what you think is happening?
21 A My dad is trying to get custody of us.
22 Q Okay. And those sorts of decisions, of
23 course, are mi ne, not yours. ? am not going to ask you to
24 pick be tween p arents. But it is very important that. I know
25 how you feel, and you are old enough that your opinion is
67
• •
1 important to me. Right now you are seeing your mom and dad
2 like two days on and three days on?
3 A Yeah.
4 Q You go back and forth fairly frequently?
3 A Yes.
6 Q Despite all that I hear that you are doing
7 very well in s chool, you get good grades?
8 A Yes.
9 Q Pretty much an A student?
10 A A's and B's.
11 Q When you said you didn't want to go back to
12 school, y ou do like school I guess?
13 A No.
14 Q You just do well anyway?
15 A Yeah.
16 Q What's your favorite subject?
17 A Math.
18 Q That's good. That's good. At school do you
19 have any extra curricular activities, like music or art or
20 anything like that?
21 A Art and gym and stuff like that.
22 Q You don't stay after school for any activity
23 then, but you are involved in baseball I understand?
24 A Yes.
25 Q And what sort_ of league do you play for?
68
i •
1 A Carlisle Area Little League.
2 Q What weeks and months of the year does that
3 take up for yo u?
4 A About half of April., May, June, sometimes
5 July, if we go in the All-Stars.
6 Q And did you go to the All-Stars this year?
7 A No.
8 Q You went?
9 A No.
10 Q What position did you play?
11 A Right field, first base and pitcher.
12 Q You pitch too?
13 A Yeah.
14 Q What is your batting average?
15 A I don't have a clue.
16 Q I am told that at your mom's house you have a
17 computer?
18 A Yeah.
19 Q And do you use it say for any research in
20 school, anythin g like that?
21 A Not yet.
22 Q You pretty much play games on it. Do you
23 email anybody?
24 A No.
25 Q Just pretty much for games. How about at
69
• •
1 your dad's, is there a computer there?
2 A Yes.
3 Q What sort of house does your father li ve in?
4 A I don't know.
5 Q Is it like a home or mobile home? Is it like
6 a free-stand ing home with a yard?
7 A Yes.
8 Q It is down in Mt. Holly?
9 A Yes.
10 Q Do you and your brother have separate
11 bedrooms at your dad's house? Do you each have your own
12 room?
13 A Yeah.
14 Q And at your mom's house right now you have a
15 bed together in the same room?
16 A Yeah.
17 Q Who all is living at your dad's place?
18 A My dad, Pam and me and Logan.
19 Q And how do you get along with Pam?
20 A Good.
21 Q You are able to talk to her and stuff like
22 that?
23 A Yeah.
24 Q How long has she been going with your pop?
25 A I don't know, two years I think.
70
•
0
1 Q A couple years?
2 A A couple years.
3 Q Do they plan on getting married or are they
4 married?
5 A They are planning on getting married.
6 Q Do you know when?
7 A No.
8 Q How do you feel about that'?
9 A It is fine with me.
10 Q Okay. And your mom, who lives out there -- I
11 have heard a lot of this already, but I just want_ to make
12 sure I have got it all accurate.
13 A My gran, my pop, my mom and Logan.
14 Q And I am assuming that you get along well
15 with your gr andparents?
16 A Yes.
17 Q And your grandmother is probably there
18 sometimes when your mom isn't, when you get off the bus and
19 stuff like t hat?
20 A Yeah.
21 Q Right now you are set to go to which school?
22 A Big Spring.
23 Q And is that okay?
24 A Yes.
25 Q Do you have friends out there, I guess you
71
1 do, don't you?
2 A Yes.
3 Q Okay. Well, let me get to the heart of the
4 matter. I guess you are going back and forth a lot, and you
5 see your mom and you see your dad pretty much every week.
6 If you were king of the world, is there anything you would
7 change about your arrangement?
8 A No, not really.
9 Q You like it just the way it is?
10 A Yeah. Shared custody.
11 Q I have heard that sometimes, well, I have
12 heard that sometimes when you are with your mom, you and
13 Logan tend to be sometimes late or tardy or absent from
14 school more than if you are with your dad. Is there a
1.5 reason for that?
16 A My mom always sleeps in.
17 Q She sleeps in?
18 A I don't have an alarm clock.
19 Q That's a problem. If you had an alarm clock,
20 would you get up?
21 A I would get up.
22 Q You would get up?
23 A Yeah.
24 Q Okay. All right. Anything you want to ask
25 me?
72
• •
1 A No.
2 Q Did we talk long enough?
3 A That's more than ten seconds.
4 Q You are a good kid.
5 THE COURT: Do the two of you want to ask him
6 any questions?
7 MS. DIAMONDSTONE: I can't think; of anything
8 at this moment.
9 BY MR. ROMINGER:
10 Q You don't know what your batting average is?
11 A Probably around 300's.
12 Q That's pretty good actually.
13 BY THE COURT:
14 Q Logan was kind of nervous about coming in to
15 see me last time. Is he okay with not seeing me today? Do
16 you think he will be all right with that?
17 A Yeah.
18 Q It is not that I think his opinion is
3.9 unimportant, I don't want to get him upset. Do you think he
20 feels differently than you do about your situation?
21 A Big time.
22 Q How does he feel?
23 A Well, ever since this start happening he
24 wants to live with my mom. I want to live with my dad.
25 Q Okay. So you two have actually talked and
73
• •
1 had discussions about how if you were forced to pick between
2 the two --
3 A No. We haven't talked.
4 THE COURT: Okay. Thank you very much.
5 KYLE: You are welcome.
6 AFTER RECESS
7 THE COURT: I had forgotten what a fine young
8 man he is. I occasionally run into a custody case where the
9 two folks can't agree on custody, so the Judge is inclined
10 to take the kid home himself. And this would be such a
11 case. A delightful young man. Okay. I understand the
12 parties have talked a bit. And -- well, go ahead, you tell
13 us where we are, Mr. Rominger.
14 MR. ROMINGER: Your Honor, both parties are
15 going to move for the admission of their exhibits. And I
16 think neither is objecting to either.
17 THE COURT: We will admit all of the
18 exhibits.
19 MR. ROMINGER: We are going to ask that the
20 record be closed at this point, with the understanding that
21 the parties will endeavor within the next fourteen days to
22 reach an amicable order_ which equally divides physical
23 custody and shares legal custody of the children, which will
24 be amenable to their work schedules, et cetera.
25 School would be in mom's residence at Big
74
• 0
1 Spring based upon the child's preference to go there. The
2 order would also include a provision -- or, if we couldn't
3 agree, the Court would include a provision in any order it
4 entered, requiring that mother not have the children tardy,
5 absent or otherwise not at school without a valid reason,
6 such that a contempt power would apply to that, because that
7 seemed to be one of the issues that we identified today.
8 MS. DIAMONDSTONE: Can I interrupt for a
9 minute?
10 (Discussion between counsel off the record.)
11 MR. ROMINGER: I have no problem with a
12 mutuality clause. And, also, my understanding is that Ms.
13 Failor has agreed to change the order that's in place now,
14 which we are going to leave in place until. this othe=r order
15 is entered, she has agreed to a modification to allow my
16 client to take the children on vacation starting on Sunday
17 and continuing through Thursday, at which time the order --
18 THE COURT: This Sunday, the 15th, to
19 Thursday, the l9th?
20 MR. ROMINGER: Yes.
21 THE COURT: All right. Very well. We will
22 close the record with that understanding that the current
23 order will remain in effect pending further order of court.
24 MS. DIAMONDSTONE: Thank you, Your Honor.
25 THE COURT: Thank you.
75
•
1 MR. ROMINGER: Thank you, Your Honor.
2 (End of proceedings)
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
76
9 9
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
/Ia2 I ?IGhv
Barbara E. Graham
Official Stenographer
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
_?LV Z8 Looms ??
Date Kev A. He S1 J.
Ni th Judicial District
77
THE LAW OFFICE OF SHANE B. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
gbkopeC&comcast.net
RICK SCOTT
Plaintiff,
vs.
TRACY (SCOTT) FAILOR
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4811
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
1. The Plaintiff is Rick Scott, residing at 116 Yates Street, Mount Holly
Springs, Pennsylvania.
2. The Defendant is Tracy (Scott) Failor residing at 43 South East Street,
Carlisle, Pennsylvania.
3. A Custody Order was entered by this Honorable Court on September 20,
2004 wherein the parties share equally physical and legal custody of the
children.
4. Plaintiff seeks to modify the current Custody Order so that he has primary
physical custody of the following children:
NAME PRESENT RESIDENCE D.O.B. AGE
Kyle Scott 43 South East Street, Carlisle, 4/6/92 13
Pennsylvania.
Logan Scott 43 South East Street, Carlisle, 10/13/96 8
Pennsylvania.
Kyle Scott was born out of wedlock. Logan Scott was not born out to
wedlock.
The children are presently residing with Plaintiff & Defendant equally
through shared physical custody.
During the past 7 years, the children have resided with the following
persons and at the following addresses:
PERSONS ADDRESSES
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Defendant
Plaintiff
Defendant
Plaintiff
Defendant
126 C. Street, Carlisle, PA
1522 Pine Road, Carlisle, PA
323 Louther Street, Carlisle, PA
DATES
1998-3/2003
4/2003-9/2003
9/2003-6/2004
138 North Hanover Street, Carlisle, PA 6/2004-6/2004
2371 Walnut Bottom Rd., Carlisle, PA 6/2004-9/2004
2-C W. Springville Rd.,
Boiling Springs, PA
116 Yates St., Mt. Holly Springs, PA
126 C. Street, Carlisle, PA
116 Yates St., Mt. Holly Springs, PA
43 S. East Street, Carlisle, PA
116 Yates St., Mt. Holly Springs, PA
9/2004-9/2004
9/2004-present
9/2004-112005
9/2004-present
1/2005 - present
9/2004-present
The mother of the children is Tracy (Scott) Failor, currently residing at 43
South East Street, Carlisle, Pennsylvania.
She is married.
The father of the children is Rick Scott, currently residing at 116 Yates
Street, Mount Holly Springs, Pennsylvania.
He is not married.
5. The relationship of Plaintiff to the child is that of Father. The Plaintiff
currently resides with the following persons:
2
NAME
Pam Weidemoyer
Kyle Scott
Logan Scott
RELATIONSHIP
fiance
son
son
6. The relationship of Defendant to the child is that of Mother. The
Defendant currently resides with the following persons:
NAME RELATIONSHIP
Ed Kennedy boyfriend
Kyle Scott son
Logan Scott son
7. Plaintiff has not participated as a party in previous litigation concerning the
custody of the child
Plaintiff does not know of a person not a party to the proceeding who has
physical custody of the child or claims to have custody or visitation rights
with respect to the child.
8. The best interest and permanent welfare of the child will be served by the
granting relief requested because:
(a) The children have a more stable home and emotionally consistent
environment while living with Plaintiff, while the Defendant is
transient, sometimes living as little as 2 weeks at a particular
location and with varying individuals.
(b) Defendant has a history of drug abuse and is often being
arrested for criminal acts committed in front of the children.
(c) Defendant lashes out viciously at the children and/or Plaintiff in
front of the children.
(c) Plaintiff has undertaken and performed the primary parental
responsibilities for the children.
(d) The Plaintiff can provide needed stability in child's life;
3
(e) The Plaintiff has the facilities to provide for the care, comfort and
control of the child, as well as the intention and desire to do so.
(f) The children want to live with the Plaintiff.
9. Each parent whose parental rights to the child have not been terminated
and the persons who have physical custody of the child have been named
as parties to this action.
WHEREFORE, Plaintiff requests this Court modify the current Custody Order
$o that primary physical custody is in the Father with visitation in the Mother as
agreed upon by the parties.
Respectfully Submitted,
THE LAW OFFICE OF SHANE B. KOPE
Date. l l z Q S
SHANE BXOPE, ESQ.
4
VERIFICATION
I verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.
S. § 4904 relating to unsworn falsification to authoritie .
Dated: May 2, 2005 4
ff
Rick Sco t,
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, hereby certify that on May 2, 2005, 1 served a copy of
the foregoing Petition by depositing same in the United States Mail, first class, postage
prepaid in Camp Hill, Pennsylvania, addressed as follows:
Tracy Failor
43 South East Street
Carlisle, PA 17013
Defendant/ Respondent
Shane B squire
Supreme Court I.D. # 92207
LAW OFFICE OF SHANE B. KOPE
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
Tele. (717) 761-7573
Attorney for Plaintiff/ Petitioner
? ?
kk ? ? ?,
? -_
r ? p
? ? ? ?, -.
?, ?`- -r?
C?i _ _
?_
?.
<-.
?? ,
,?
??;??
7
RICK SCOTT
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 03-4811 CIVIL ACTION LAW
TRACY (SCOTT) FAILOR
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, M11, 2005 __, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 07, 2005 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: Ist jacoueline M. Verney, Esq,_,V_
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
y?
RECEIVED JUN 0 8
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
TRACY (SCOTT) FAILOR, : NO. 2003-4811 CIVIL TERM
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this / yI-4day of ? , 2005, upon
consideration of the attached Custody Concili ion Report, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. 'K , of the Cumberland
County Court House, on the 9ZX day of 2005, at q : 3Cj
o'clock, ff . M., at which time testimony will a taken. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be 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.
2. The prior Order of Court dated September 15, 2004 shall remain in full
force and effect with the following addition:
3. In the event that Father decides to obtain a custody evaluation at his sole
expense, the parties shall cooperate with scheduling the required appointments.
4. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
cO e B. Kope, Esquire, counsel for
Pfacy Failor, pro se
43 S. East Street
Carlisle, PA 17013
S
BY THE COURT,
PILED-OFICE
HE "RKYr°UNd;3TARY
JUN IS A,17110. 5 b
// >:fjy
1 f:.. iV 'k V}4.•
RICK SCOTT,
Plaintiff
V.
TRACY (SCOTT) FAILOR,
Defendant
PRIOR JUDGE: Kevin A. Hess, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2003-4811 CIVIL TERM
: IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
EDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kyle Scott April 6, 1992 shared
Logan Scott October 13, 1996 shared
2. A Conciliation Conference was held on June 7, 2005 with the following
individuals in attendance: The Father, Rick Scott, with his counsel, Shane B. Kope,
Esquire, and the Mother, Tracy (Scott) Failor, pro se.
3. The Honorable Kevin A. Hess previously entered an Order of Court on
September 15, 2004 providing for shared legal and shared physical custody. Father filed
a Petition for Modification.
4. Father's position on custody is as follows: Father seeks shared legal and
primary physical custody. Father maintains that he has a more stable home for the
children; that Mother has moved several times since the last Order of Court. He also
points out Mother's DUI charge which occurred the day before the last court hearing and
a recent disorderly conduct guilty plea. Lastly, Father suggests the younger child had
excessive absences from school while in Mother's custody and a parent/child conflict
exists between Mother and the older child.
5. Mother's position on custody is as follows: Mother seeks shared legal and
primary physical custody of the children. She suggests that Father has attempted to
influence the children and blame them for losing the last custody hearing. Mother does
not work and is available for the children during the summer and before and after school.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and granting the parents shared legal custody and shared physical custody. It is
expected that the Hearing will require one day.
Date acq line M. Verney, Esquire
Custody Conciliator
THE LAW OFFICES OF SHANE B. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkopeCa)comcast. net
RICK SCOTT,
Plaintiff,
vs.
TRACY (SCOTT) FAILOR,
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-4811
THE HONORABLE KEVIN A. HESS
CIVIL ACTION - LAW
IN CUSTODY
EMERGENCY PETITION FOR SPECIAL RELIEF
Petitioner, Rick Scott, by his attorney, Shane B. Kope, petitions this Court to
enter an order granting emergency relief regarding school registration and attendance
of the parties' minor child, Logan Scott (hereinafter "minor child" or "Logan"), and in
support thereof avers as follows:
1. Petitioner is the father of the minor child and resides at 116 Yates Street, Mt.
Holly Springs, PA 17065.
2. Respondent, Tracy (Scott) Failor, is the mother of the minor child and resides at
43 S. East Road, Carlisle, PA 17013.
3. Logan Scott, whose date of birth is October 13, 1996, currently is under shared
custody and resides with Respondent on Mondays, Tuesdays and every other weekend
and Petitioner on Wednesdays, Thursdays and every other weekend.
4. Petitioner has lived at his current address for the past three years and does not
plan on moving. in the near future. Petitioner's home school is Mt. Holly Springs
Elementary in the Carlisle School District.
5. Respondent's current home school is Le Tort Elementary in the Carlisle School
District. However, this could change at any time due to Respondent's transient history.
6. Logan is currently enrolled at North Dickinson Elementary, where he has been
for the entire 2004-2005 school year; this stability is due solely to Court Order, which
states that Logan must finish the school year at the same school where he started,
7. However, this Order expired in June, 2005 and included no provisions regarding
the next school year; as of yet, there has not been a hearing to establish the next Order.
8. Logan Scott, therefore, is not registered at any school for the upcoming 2005-
2006 school year, and classes will begin in the Carlisle School District on August 29,
2005.
9. Since March, 2003, Logan has gone to four different Elementary Schools,
Hamilton, Oak Flat, Le Tort and North Dickinson. Last school year alone Logan could of
went to four (4) different elementary schools if not for said Order, as Respondent moved
four (4) times during the last year.
10. Furthermore, in the 2004-2005 school year; Logan was absent a total of 14 days
from school. All of these absences were during Respondent's time with the child.
11. Petitioner explained to Respondent that, due to Petitioner's stability at his current
address, he would like to register Logan in Petitioner's school district of Mt. Holley
Springs Elementary.
12. Respondent refused, and continues to refuse, Petitioner's request; Respondent
demands that Logan attend her school district and she uses her recent DUI charge, and
its mandatory license suspension, as justification for the demand.
13. Respondent was charged on August 12, 2004 for a DUI and reckless driving.
Respondent wrecked her car in that incident and may lose her license. She has been
transporting the child in a truck that is not currently registered or inspected. Please see
the criminal docket attached hereto and incorporated herein .as Exhibit A.
14. The Petitioner has attempted several times to procure Respondent's cooperation
in registering Logan at Petitioner's school; Respondent refuses each time, and has now
resorted to threatening Petitioner and / or handing up the phone each time the subject is
raised by Petitioner.
15. Respondent's actions are detrimental to the best interest of the minor child.
Logan is suffering immediate and irreparable harm by Respondent's insistence on
exposing Logan to Respondent's transient lifestyle and, specifically, the danger of
constantly changing schools.
WHEREFORE, Petitioner respectfully requests that this Court enter an order
directing that the minor child, Logan Scott, be registered in and attend Mt. Holly Springs
Elementary School for the upcoming 2005-2006 school year and all subsequent school
years until he reaches the age to attend middle school.
Respectfully Submitted,
Shane ope, Esq.
Date: August 11, 2005
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to
unsworn falsification to authorities.
l? U?
Dated:
R CK SCOTT, Plaintiff
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, hereby certify that on August 12, 2005, 1 served a
copy of the within Petition for Special Relief by depositing same in the United States
Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows:
Tracy Failor
43 S. East Street
Carlisle, PA 17013
Shane B. Kope, squire
Supreme Court I.D. # 92207
LAW OFFICE OF SHANE B. KOPE
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
Tele. (717) 761-7573
Attomey for Plaintiff
OF COMMON PLEAS OF CUMBERLAND COUNTY
.8111.
3b As
40W
Commonwealth of Pennsylvania
Tracy Lynn Failor
Court Case
Page 1 of 5
Cross Court Docket Nos: CR-0000374-04
Judge Assigned: Date Filed: 10128/2004 Initiation Date: 08/12/2004
OTN: L2038654 Lower Court Docket No: CR-0000374-04
Initial Issuina Authority: Final Issuing Authority:
Arresting Agency: Carlisle Pap Arrestina Officer a'Ales?}sadrer.FreyM.
Case Local Number -Type(s) Case Local Number(s)
Formal Arraignment 12/14/2004 9:00 am Jury Assembly Judge Edgar B. Bayley Cancelled
Room
8t30,tm , Courtroom 1 Judge KeV1t1, T'RtGW" Scheduled,.
M MW
Year Of Birth: 1973 City/StatelZin: Carlisle, PA 17013
Participant Tvoe Name
Defendant Failor, Tracy Lynn
r
Failor, Tracy Lynn
Bail Action Date Bail Tvoe Percentage Amount
Set 10/27/2004 ROR $0.00
CRIMINAL DOCKET
Bail Posting Status Posting Date
or delayed tlaleDocket Number: CP-21-CR-0002592-2004
a
Recent entries mede In the wort fling offices ¢ rw.?Wddocket sheets. Neither Court of Common Rees nor the Adminl labMily fw Insomirste
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Docket Number: CP-21-CR-0002592-2004
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 2 of 5
V.
Tracy Lynn Failor
e uen Grade Section/ Description Statute Description Offense OTN
Date
1 M 75 § 3802 §§A1- DUI: GEN IMP/INC OF DRIVING 08/12/2004 L2038654
SAFELY- 1ST OFF
2 M 75 § 3802 §§Ce DUI: HIGHEST RTE OF ALC (BAC 08/12/2004 L2038654
.16+) 1 ST OFF
3 S TS § 3323 §§B DUTIES AT STOP SIGN 08/12/2004 L2038654
4 S 75 § 3736 §§A RECKLESS DRIVING 08/1212004 L2038664
a
MWT.. dsrosrzoos
Recant entries made in the court filing offices may not be immediately refleaed on web generated dodrot sheets. Neither Me
Court of Common Pleas or the Administrative Office of Pennsylvania Courts assumes any Ilabllily for Indurate
or delayed date. anon, or emissions on these docket sheets.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
aft Docket Number: CP-21-CR-0002592-2004
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 3 of 5
v.
Tracy Lynn Failor
Disposition
Case Event Disposition Date Final Disposition
Sequence/ m2wtion Offense Disposition Section
Sentencing Judge Sentence Date
Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date
ARD - County Open
ARD Court 08/1912005 Final Disposition
1 I DUI: GEN IMP/INC OF DRIVING SAFELY - 1ST ARD - County 75 §3802 §§Ate
OFF
Hess, Kevin A. 08/19/2005
ARD - DUI 08/19/2005
.. ARD - County _?. 75 §3802 §§Ce
?s
Hess, Kevin A. 08/19/2005
ARD - DUI 08/19/2005
3 / DUTIES AT STOP SIGN ARD - County 75 §3323 §§B
Hess, Kevin A. 08/19/2005
ARD - DUI 08/19/2005
41 RECKLESS DRIVING Dismissed (Lower Court) 75§ 3736 §§A
Hess, Kevin A. 08/19/2005
Name: Cumberland County District Attorney's Name: Dean Edward Reynosa
Office Public Defender
Prosecutor Supreme Court No
Supreme Court No: Counsel Status: Lower Court
Address: Address:
One Courthouse Square CUMBERLAND CO P
Carlisle PA 17013 1 COURTHOUSE SQUARE
Carlisle PA 17013
Printed: 05W2005
Recent entries made In the court fling offices may not be immediately reflected on web generated docket sheet. Neither We
Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assumes any liability for Inacanate
or delayed data. errors or omissions on these docket sheets.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Docket Number: CP-21-CR-0002592-2004
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 4 of 5
v.
Tracy Lynn Failor
Document P Filed Filed By Title
Number Date
Comments/Reoistrv Entry
issue Date Service Type Service To
1 10127/2004 Day, Susan K. Bail Set - Failor , Tracy Lynn
1 1012812004 Court of Common Original Papers Received from Lower Court
Pleas - Cumberland
County
1 08101/2005 Court of Common Penalty Assessed
Pleas - Cumberland
County
Last Payment Date: Total of Last Payment: $0.00
Failor, Tracy Lynn Assessment Payments Adiustments Non Monetary Total
Defendant Payments
Costs/Fees
State Court Cost (Act 204 of 1976) $9.26 $0.00 $0.00 $0.00 $9.26
Commonwealth Cost - HB627 (Act 167 $7.94 $0.00 $0.00 $0.00 $7.94
of 1992)
County Court Costs (Act 204 of 1976) $25.80 $0.00 $0.00 $0.00 $25.80
Crime Victims Compensation (Act 96 $35.00 $0.00 $0.00 $0.00 $35.00
of 1984)
Victim Witness Services (Act 111 of $25.00 $0.00 $0.00 $0.00 $25.00
1998)
Firearm Education and Training Fund $5.00 $0.00 $0.00 $0.00 $5.00
(158 of 1994)
Catastrophic Loss Fund (Act 24 of $50.00 $0.00 $0.00 $0.00 $50.00
1989)
Substance Abuse Education (Act 198 $50.00 $0.00 $0.00 $0.00 $50.00
of 2002)
Substance Abuse Education (Act 198 $50.00 $0.00 $0.00 $0.00 $50.00
of 2002)
w Printed: 01LAM 05
Recent erMea made in the mud filing offices may not be Immediately reflected on web generated docket sheets. Neither Bie
Court of Common Pleas nor the Administragve Otfies of Pennsylvania Courts assumes any Nabitily W Ineovrate
Or delaved data. enors or omissions on these docet sheets.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Docket Number: CP-21-CR-0002592-2004
CRIMINAL DOCKET
Court Case
Commonwea lth of Pennsylvania Page 5 of 5
v.
Tracy Lynn Failor
Failor, Tracy Lynn Assessment Payments Adiustments Non Monetary Total
Defendant Payments
District Attorney (Cumberland) $17.00 $0.00 $0.00 $0.00 $17.00
Plea Fee (Cumberland) $135.00 $0.00 $0.00 $0.00 $135.00
Sheriff Costs (Cumberland) $1.50 $0.00 $0.00 $0.00 $1.50
Automation Fee (Cumberland) $5.00 $0.00 $0.00 $0.00 $5,00
Traffic Report Costs (Cumberland) $6.00 $0.00 $0.00 $0.00 $8.00
DUI • ARD - EMS Fee $25.00 $0.00 $0.00 $0.00 $25.00
Expungement Fee (Cumberland) $17.00 $0.00 $0.00 $0.00 $17.00
OSP (Cumbedand/State) (Act 35 of $105.00 $0.00 $0.00 $0.00 $105.00
1991)
OSP (Cumberland/State) (Act 35 of $105.00 $0.00 $0.00 $0.00 $105.00
1991)
ARD/DUI Booking Fee (Cumberland) $200.00 $0.00 $0.00 $0.00 $200.00
ARD/DUI School (Cumberland) $200.00 $0.00 $0.00 $0.00 $200.00
Co ARD/DUI/Ad (Cumberland) $200.00 $0.00 $0.00 $0.00 $200.00
Costs/Fees Totals: $1,276.50 $0.00 $0.00 $0.00 $1,276.50
Restitution
Restitution $3,000.00 $0.00 $0.00 $0.00 $3,000,00
Restitution $3,652.37 $0.00 $0.00 $0.00 $3,652.37
Restitution Totals: $6,652.37 $0.00 $0.00 $0.00 $6,652,37
< $0.00 $0.00 $0.00 $7,928,87
' - Indicates assessment is subrogated
AOPC 2220 -Rey 0&0&2005 Printed: 01110812005
Recent entries made in the mud filing offices may not be Immediately reflected on vreb generated docket sheets. Neither the
Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assumes any Ilablity, for inewneta
or delayed data. effors or omissions on these docket sheets.
t
y. 'L T
4> T??l
S7 ?
N t?
co
C'll
RICK SCOTT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
03-4811 CIVIL
TRACY (SCOTT) FAILOR,
Defendant IN CUSTODY
IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this 12`t' day of August, 2005, brief hearing in the above matter is set for
Thursday, August 18, 2005, at 1:30 p.m. in Courtroom Number 4, Cumberland County
Courthouse, Carlisle, PA.
Shane Kope, Esquire
For the Plaintiff
Tracy Failor
43 S. East Street
Carlisle, PA 17013
Pro Se Defendant
nryt9-?? 0'/ 17-- / 0' -SGt
Am
BY THE COURT,
VI Pt1n?'!" li'J d
.,vino
es =! wd z I gnv goon
3011-UO-OM
RICK SCOTT,
Plaintiff
V.
TRACY (SCOTT) FAILOR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL ACTION - LAW
. NO. 03-4811 CIVIL
IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this.17th day of August, 2005, after
hearing it is ordered and directed that the mother, Tracy
(Scott) Failor, is authorized to enroll the child, Logan
Scott, born October 13, 1996, at the Letort Elementary
School in Carlisle where the child shalL not be removed or
disenrolled pending further order of court. This order is
entered with the understanding that the father will exercise
his "summer" custody as he has requested and with the
express understanding that he assure the child's attendance
at school.
By the Court,
Hess, J.
Mane B. Kope, Esquire
For the Plaintiff
?"lrk E. Berry, Esquire
For the Defendant
:1fh
r %
Ari,inlrt /`r'1no
4&101?,i' Jt -O' j 32Hl 3o
? ,) ar-03114
RICK SCOTT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
03-4811 CIVIL
TRACY (SCOTT) FAILOR,
Defendant IN CUSTODY
IN RE: PLAINTIFF'S PETITION FOR MODIFICATION
ORDER
AND NOW, this day of October, 2005, after hearing and careful
consideration of the testimony adduced, the petition of the plaintiff to modify the custody order
is DENIED.
BY THE COURT,
44L
Hess, J.
-.8hane Kope, Esquire
For the Plaintiff
,,Kirk Berry v
For the Defendant
:rlm
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ONE BANK FSB
Plaintiff NO.05231
vs. CIVIL ACTION - LAW
WILLIAM E ADAMS
WINDOWS,W E ADAMS
Defendant(s)
PRAECIPE TO DISMISS WRIT OF EXECUTION
To the Prothonotary:
Please dismiss the Writ of Execution which has been filed in the above-referenced
matter.
Dated: /0 a j r/0 J Respectfully Submitted,
Amy F"Doyle 062
Daniel F. WolfsHn #20617
Philip C. Warho w #86341
Andrew C. Spears #87737
David R. Galloway #87326
Tonilyn M. Chippie #87852
Ronald M. Abramson #94266
Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., 3`d Floor
Camp Hill, PA 17011
(717) 303-6700
W&A File No. 104307690
_?
KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQUIRE
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
lbeam(a)-kopelaw.com
RICK SCOTT,
Plaintiff,
VS.
TRACY (SCOTT) FAILOR,
Defendant.
Attorney for Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-4811
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION
Petitioner Rick Scott, by and through his attorney, Lesley J. Beam, Esquire of
Kope & Associates, LLC, hereby petitions this Honorable Court to enter an Order of
Contempt against Respondent, Tracy Failor (formerly Scott), because of her violation of
this Court's Custody Order requiring her to provide the parties' minor child Logan Scott
to Petitioner for his period of uninterrupted vacation time in the summer, and for failing
to provide Logan Scott to Petitioner during his periods of physical custody per the
current Order. Petitioner further petitions this Honorable Court to enter a Court Order
granting Petitioner primary physical custody of both of the parties' children, and limiting
Respondent's rights of custody to partial physical custody of the parties' youngest child.
In support thereof, Petitioner avers as follows:
1 of 8
1. The Petitioner is Rick Scott, residing at 329 N. Baltimore Avenue, Mount
Holly Springs, Cumberland County, Pennsylvania 17065 (hereinafter "Petitioner" or
"Father").
2. The Respondent is Tracy Failor (formerly Scott), whose current residence
is 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013(hereinafter
"Respondent" or "Mother"). Respondent was evicted from her prior residence at 43 S.
East Street, Carlisle, Pennsylvania, effective August, 2008.
3. A current custody Order is in effect regarding the custody of the following
children: Kyle Scott, born April 6, 1992 (currently 16 years old); and Logan Scott, born
October 13, 1996 (currently 12 years old). Said Order was dated September 20, 2004,
and resulted upon agreement of the parties after a hearing before the Honorable Kevin
A. Hess, Jr. See Order attached as Exhibit "A".
4. The current Order provides that the parties, who are the natural parents of
said children, share legal custody of the children. The current Order also provides that
Mother and Father share physical custody of the children on a 50/50 basis, with Mother
having the children on Monday and Tuesday, Father having the children on Wednesday
and Thursday, and the parties alternating the weekends, with the weekend running
Friday through Monday.
5. The current Order also provides that "each party shall be entitled to two
uninterrupted weeks of vacation in the summer, provided they give the other party thirty
(30) days notice.
2of8
6. Two additional orders have been made in this matter since the controlling
Order was entered in September of 2004; an Order was entered by the Honorable
Kevin A. Hess on August 17, 2005, after hearing, regarding the continued enrollment of
the parties' youngest child in Letort Elementary School until further order of Court; and
an Order entered on October 31, 2005, dismissing Father's petition to modify the
custody order. Copies of these orders are hereby attached as Exhibits "B" and "C"
respectively.
7. Since the custody Order of September 2004 (hereinafter the "Order"), the
parties have begun handling physical custody of the children in a different manner. The
parties' eldest child, Kyle Scott, is currently living with Father, and Mother has not
elected to have visitation with him. Kyle began living solely with Father when Mother
told Kyle to leave her house on September 17, 2006, and Mother has made no effort to
have visitation with him since that time. The parties are still sharing physical custody of
their younger child, Logan Scott, per the Order of September, 2004..
8. However, Mother has routinely withheld custody of Logan during times in
which Father was to have custody. Mother withheld custody of Logan for
approximately three weeks in August. Specifically, per the custodial rotation, Mother
retrieved Logan on August 8, 2008, for her weekend. Mother was to return Logan to
Father on August 13tH. Instead, Mother withheld Logan from Father until August 27tH,
when Father picked Logan up from school early for his doctor appointment. Had there
not been a doctor appointment, Father does not believe that Mother would have
relinquished custody to Father.
3 of 8
9. At the time of drafting, Mother is again withholding custody of Logan. The
parties exchanged custody through September per the Order. On October 3, 2008,
Mother picked up Logan for her weekend. Mother was supposed to return Logan to
Father on October 8, 2008. Again, on October 8tt', Mother failed to return Logan, and,
as of October 16, 2008, Father has not seen Logan. Father has attempted to pick up
the child directly from school on his days; Mother has repeatedly been at the school and
taken the child instead.
10. Father has informed Mother that he wants custody of Logan; she refuses
to provide that custody. Father has contacted the police to seek their assistance in
enforcement of the Order; the police have indicated to Father that since the dates are
not defined in the Order, they cannot enforce his rights of custody.
11. It is Father's belief that Mother feels that she can withhold custody of
Logan as she given all physical custody of Kyle to Father. Father further believes that
Mother is of the opinion that since he has custody of Kyle, she should get custody of
Logan. Father does not, however, think the children should be treated like property to
evenly divide.
12. Furthermore, Mother refused Father his vacation time with Logan this
summer per the Order. Father had planned a trip this past summer to take the children
to Williamsport on August 17th through August 23rd. Mother refused to let Father have
custody of Logan for that vacation, contrary to the custody Order, and without reason or
grounds to withhold. Father admits that Mother may have received this notice 27 days
prior to the vacation, as opposed to 30 days as mandated in the Order. However,
4of8
Mother gave Father only five days notice of her intent to use vacation time, and Father
ceded custody for that vacation.
13. Furthermore, Mother has denied Father reasonable telephone contact with
Logan. Father has made repeated attempts to call. Since October 3, 2008, Mother has
permitted Father telephone contact only on Logan's birthday, and only for a couple of
minutes. During that telephone conversation, and all others, she listened in on another
receiver.
14. The Order does not specifically delineate time frames for holiday periods
of custody. The lack of delineated times has caused issues for the parties, and Father
would like the Order modified to set a strict schedule for holiday periods of custody.
15. Furthermore, the parties' child Logan is now enrolled in Lamberton Middle
School. The Order entered by the Court on August 17, 2005 did mandate his
attendance at Letort Elementary School; by reason of Logan's graduation from
elementary school, that Order no longer applies. Father continues to be concerned,
however, that Mother will change his school for reasons of her instability. Father wishes
for the Court to modify the Order to provide that Logan shall remain in Lamberton
Middle School, and subsequently be enrolled and stay in Carlisle High School, until
graduation, further order of court, or relocation of both parents from Carlisle.
16. Father continues to believe that Mother is not providing a stable and
structured atmosphere for the children. Father is concerned that Mother continues to
move residences, and is currently residing with a boyfriend who was the subject of a
PFA Order protecting Mother from him. Father is concerned that Mother is still suffering
5 of 8
from problems with depression that are preventing her from ensuring the child's
attendance at school and promoting his general welfare.
17. Father has noticed changes in Logan's attitude and demeanor that
concern him greatly, and could be attributed to Mother's actions and home environment.
18. Father is respectfully requesting that this Honorable Court issue an Order
granting Father shared legal custody and primary physical custody of the children with
visitation by Mother.
19. Father is also requesting that this Honorable Court find Mother in
contempt of the Court Order, and penalize her accordingly.
20. The best interest and permanent welfare of the children will be served by
the granting relief requested because:
(a) Father is a constant and stable presence in the children's lives.
Father has maintained a secure and consistent residence, consisting of himself,
his significant other of seven years, and the children;
(b) Mother has moved residences on multiple occasions, and has had
numerous paramours who are often at the residence. Mother has had issues
with over-consumption of alcohol, and violence in the household;
(c) Mother withholds custody of Logan despite Father's request to
have him, in contradiction of the Order;
(d) Father has been the primary and sole custodian of Kyle for the last
two years. Mother has indicated that she wants nothing to do with him, and has
made no efforts to even speak with him;
6of8
(e) Mother has demonstrated a willingness to flagrantly disregard the
Order;
(f) Logan's performance in school continues to suffer, his demeanor
and attitude seem unhappy and affected, and Father believes that
Mother's actions and home environment are most likely the root cause of
this change; and
(g) Father has the facilities to provide for the care, comfort and control
of the children, as well as the intention and desire to do so.
WHEREFORE, Father hereby requests that this Honorable Court grant Father
shared legal custody, and primary physical custody of the children, with visitation by
Mother.
WHEREFORE, Father requests that the Order be modified to set a strict holiday
custody schedule, and mandate the continued enrollment of Logan Scott in Lamberton
Middle School and subsequently, Carlisle High School; and
WHEREFORE, Father also requests that this Honorable Court find Mother in
contempt of the Court Order, and cause her to be held accountable for such.
Respectfully Submitted,
KOPE & A$SOCWES, LLC
By:
Lesl y J. eam, Esq.
Dated: (,)(a d/p g
7of8
VERIFICATION
I, Rick Scott, verify that the statements made in this Petition for Contempt and
Modification are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to
authorities.
Dated: 1Z- W-Yl
4 . C lt::?04 .
Rick co
8 of 8
P 1 2004
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
NO. 03-4811
r,
TRACEY (SCOTT) FAILOR,
ryi 5_7
-
Defendant : IN CUSTODY U' `7 rn
CUSTODY ORDER
AND NOW, this day of , 2004, the following Order is terea•by
consent of the parties with regard to custody of the parties' children, Kyle Scott and Logan
Scott.
1. Plaintiff hereinafter referred to as the father and Defendant, hereinafter referred to as
the mother, shall share legal custody of the children.
2. Mother and father shall share primary physical custody of the children.
3. Mother shall have the children on Monday and Tuesday. Father shall have the
children on Wednesday and Thursday and the parties shall alternate every Friday,
Saturday and Sunday for three periods of physical custody.
4. The party receiving custody of the children shall be responsible for transportation.
The custody exchange during the school year shall be effectuated by the receiving
party taking the child from school on the first scheduled custody day of that parent
and on Sundays at 6:00 p.m. When school is not in session, the custody exchange
shall take place at 7:00 p.m. on the last day of the period of custody belonging to the
party giving up custody.
5. Each party shall be entitled to two uninterrupted weeks of vacation in the summer,
provided they give the other party thirty (30) days notice.
6. The parties will continue to share holidays as they have in the past. However, if at any
time the parties wish to petition the Court for a certain holiday schedule they may do
so, if after attempting to cooperate in good faith they determine that they can no
longer cooperate on sharing holidays, and they have completed mediation.
7. The mother shall have custody of the children on Mother's Day and the father shall
have custody of the children on Father's Day.
8. The mother and father agree that each shall notify the other immediately of medical
emergencies which arise while the children are in their care, and will inform the other
party of any and all medical appointments, and further neither parent shall deny the
other an opportunity to obtain a second opinion.
9. Both parties agree to administer medications as prescribed by the children's
physicians during their periods of custody and both parents agree to provide medicine
in their custody to the other parent as needed to insure that the medicines are properly
administered.
10. Neither party shall do anything which may estrange the children from the other
parent, or injure the opinion of the children as to the other parent or which may
hamper the free and natural development of the children's love or respect for the
other parent.
11. The parents agree to cooperate with and discuss the children's extracurricular
activities, and during any period of physical custody, that parent will be responsible
to ensure that the children attend their extracurricular activities, including sports,
neither parent shall unilaterally enroll the children in any activity, nor shall either
parent unreasonably withhold consent to enroll the children in said activities. Each
parent shall act in the best interest of the children to facilitate the children's
participation in these activities.
12. The parties agree to send no messages or communications through the children, but
instead will communicate directly with one another on issues surrounding custody
and/or support.
13. The children will stay in the school where they are currently enrolled and if either
party moves during the school year, the parties agree to wait until the end of the
school year to decide how to change enrollment.
14. Neither parent shall leave the children alone on a regular or recurring basis for more
than fifteen (15) minutes at a time and the parties agree to utilize caregivers or other
programs for after school care if the parent with custody cannot be home at the time
the children are released from school.
15. The parties may modify this schedule in the event that they reach an agreement
between themselves. Absent an agreement in writing, the custody schedule set forth
above shall control.
Date: '7 3
'Gra e D'Alo, Esquire
id enn Legal Services
8 rvine Row
Carlisle, PA 17013
(717) 243-9400
Attorney for Defendant
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
This Order is entered pursuant to the consent of Plaintiff and Defendant:
Tracy Failor
q b Llkq
Date:
RICK SCOTT,
Plaintiff
V.
TRACY (SCOTT) FAILOR,
Defendant
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL ACTION - LAW
NO. 03-4811 CIVIL
IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this.17th day of August, 2005, after
hearing it is ordered and directed that the mother, Tracy
(Scott) Failor, is authorized to enroll the child, Logan
Scott, born October-13, 1996, at the Letort Elementary
School in Carlisle where the child shall not be removed or
disenrolled pending further order of court. This order is
entered with the understanding that the father will exercise
his "summer" custody as he has requested and with the
express understanding that he assure the child's attendance
at school.
By the Court,
Xane B. Kope, Esquire
the Plaintiff
Dirk E. Berry, Esquire
For the Defendant
:lfh
- 414-
Kevin A. Hess, J.
RICK SCOTT,
Plaintiff
vs.
TRACY (SCOTT) FAILOR,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
03-4811 CIVIL
IN CUSTODY
IN RE: PLAINTIFF'S PETITION FOR MODIFICATION
ORDER
AND NOW, this 2/'r day of October, 2005, after hearing and careful
consideration of the testimony adduced, the petition of the plaintiff to modify the custody order
is DENIED.
BY THE COURT,
evi . Hess, J.
Shane Kope, Esquire
For the Plaintiff
Dirk Berry
For the Defendant
:rlm
,,[ O c
`?• J
?.7 E p' * ? ?.d
OO p
'
D J
?? `
RICK SCOTT
. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2003-4811 CIVIL ACTION LAW
TRACY (SCOTT) FAILOR
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, November 06, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at_ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 09, 2008 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ ac ueline M. Verne Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
,?4v?
rrvw
ON BUZ
3 ?,j
KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQUIRE
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
(beam@kopelaw.com
Attorney for Petitioner
RICK SCOTT, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 2003-4811
TRACY (SCOTT) FAILOR, CIVIL ACTION - LAW
Defendant. IN CUSTODY
ACCEPTANCE OF SERVICE
I, Tracey (Scott) Failor, Defendant in the above-captioned matter, hereby accepts
service of the Petition for Contempt and Modification and Order of Court scheduling the
Pre-Hearing Custody Conference.
Tracy Failor
DATE: ?( ?? ??
"`
N
?` ? C??
? :--r7
w '<,
_. ;: J,'.
.?
.?.
v
DEC 1 1 ZC's 67
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2003-4811 CIVIL TERM
TRACY (SCOTT) FAILOR, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this /2-' day of ??...?.. , 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated September 20, 2004 is hereby vacated.
The parties' Contempt Petitions shall be held in abeyance.
2. The Father, Rick Scott, and the Mother, Tracy (Scott) Failor, shall have
shared legal custody of Kyle Scott, born April 6, 1992 and Logan Scott, born October 13,
1996. Each parent shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the children including, but not limited to medical, dental,
religious or school records, the residence address of the children and the other parent. To
the extent one parent has possession of any such records or information, that parent shall
be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent. Both parents shall be entitled to full participation in all educational and
medical/treatment planning meetings and evaluations with regard to the minor children.
Each parent shall be entitled to full and complete information from any physician, dentist,
teacher or authority and copies of any reports given to them as parents including, but not
limited to: medical records, birth certificates, school or educational attendance records or
report cards. Additionally, each parent shall be entitled to receive copies of any notices
which come from school with regard to school pictures, extracurricular activities,
children's parties, musical presentations, back-to-school nights, and the like.
3. The parents shall have shared physical custody of the Children as follows:
A. Mother shall have physical custody of the children on Monday and
Tuesday overnights from the beginning of school or 8:00 a.m. on Monday
to the beginning of school or 8:00 a.m. on Wednesday.
x
t?? 7
B. Father shall have physical custody of the children on Wednesday and
Thursday overnights from the beginning of school or 8:00 a.m. on
Wednesday to Friday at the beginning of school or 8:00 a.m.
C. The parties shall alternate weekends from Friday at the beginning of
school or 8:00 a.m. to Monday at the beginning of school or 8:00 a.m.
4. Holidays:
A. Christmas shall be divided into two Blocks. Block A shall be from
2:00 p.m. on Christmas Eve to 2:00 p.m. on Christmas Day. Block B
shall be from Christmas Day at 2:00 p.m. to December 26 at 2:00 p.m.
Father shall have Block A in even numbered years and Block B in odd
numbered years. Mother shall have Block A in odd numbered years
and Block B in even numbered years.
B. The following holidays shall be alternated from year to year from 8:00
a.m. to 8:00 p.m.: New Year's Day, Easter, Memorial Day, July 0,
and Labor Day. Father shall have the following holidays in odd
numbered years: Easter and July 4th and the following holidays in even
numbered years: New Year's Day, Memorial Day and Labor Day.
Mother shall have the following holidays in odd numbered years: New
Year's Day, Memorial Day and Labor Day and the following holidays
in even numbered years: Easter and July 0
C. Thanksgiving shall be divided into two blocks and alternated. Father
shall have physical custody of the children from 8:00 a.m. to 2:00 p.m.
in odd numbered years and 2:00 p. m. to 8:00 p.m. in even numbered
years. Mother shall have physical custody of the children from 8:00
a.m. to 2:00 p.m. in even numbered years and from 2:00 p.m. to 8:00
p.m. in odd numbered years.
D. Mother shall have physical custody of the children on Mother's Day.
Father shall have physical custody of the children on Father's Day.
5. Each party shall be entitled to two consecutive or non-consecutive weeks
of vacation to be taken during the children's summer vacation from school. The parties
shall provide 30 days prior notice of the scheduling of vacation.
6. The parties shall share transportation such that the receiving party shall be
responsible for transportation unless otherwise agreed.
7. The parties shall communicate by e-mail or voice mail. No messages
or communication may be sent through the children. The parties shall cooperate with and
discuss the children's extracurricular activities, and during any period of physical
custody, that parent will be responsible to ensure that the children attend their
extracurricular activities, including sports. Neither parent shall unilaterally enroll the
children in said activities. Each parent shall act in the best interest of the children to
facilitate the children's participation in these activities.
8. The children shall remain in their current schools. Neither party may
change the children's schools without further Order of Court or agreement of the parties.
9. Neither parent may leave Logan alone on a regular or recurring basis for
more than fifteen minutes at a time and the parties shall utilize caregivers or other
programs for after school or the summer.
10. Mother shall schedule counseling for the children by January 1, 2009.
Mother shall be responsible for any cost for counseling.
11. The parties shall notify the other immediately of medical emergencies
which arise while the children are in their care, and will inform the other party of any and
all medical appointments, and further neither parent shall deny the other an opportunity to
obtain a second medical opinion.
12. Bother parties shall administer medications as prescribed by the children's
physicians during their periods of custody and both parents agree to provide medicine in
their custody to the other parent as needed to insure that the medicines are properly
administered.
13. Neither party will do anything nor permit a third party to do anything,
which may estrange the Children from the other party, or injure the opinion of the
Children as to the other parent or which may hamper the free and natural development of
the Children's love and respect for the other parent.
14. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
Kevin ess, J.
cc• es lie J. Beam, Esquire, Counsel for Father
,es Failor, pro se ,
43 S. East Street Zl\
Carlisle, PA 17013A
RICK SCOTT,
Plaintiff
V.
TRACY (SCOTT) FAILOR,
Defendant
PRIOR JUDGE: Kevin A. Hess, J.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:2003-4811 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 Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kyle Scott April 6, 1992 Father
Logan Scott October 13, 1996 Mother
2. A Conciliation Conference was held in this matter on December 9, 2008,
with the following individuals in attendance: The Father, Rick Scott, with his counsel,
Leslie J. Beam, Esquire and Mother, Tracy (Scott) Failor, pro se.
3. The Honorable Kevin A. Hess, previously entered an Order of Court dated
September 20, 2004 providing for shared legal custody and shared physical custody.
4. The parties agreed to the entry of an Order in the form as attached.
??-10
Date ac eline M. Verney, Esquire
Custody Conciliator
THE LAW OFFICE OF SHANE B. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope(&comcast.net
RICK SCOTT
Plaintiff,
vs.
TRACY (SCOTT) FAILOR
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4811
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
1. The Plaintiff is Rick Scott, residing at 116 Yates Street, Mount Holly
Springs, Pennsylvania.
2. The Defendant is Tracy (Scott) Failor residing at 43 South East Street,
Carlisle, Pennsylvania.
3. A Custody Order was entered by this Honorable Court on September 20,
2004 wherein the parties share equally physical and legal custody of the
children.
4. Plaintiff seeks to modify the current Custody Order so that he has primary
physical custody of the following children:
NAME PRESENT RESIDENCE D.O.B. AGE
Kyle Scott 43 South East Street, Carlisle, 4/6/92 13
Pennsylvania.
Logan Scott 43 South East Street, Carlisle, 10/13/96 8
Pennsylvania.
Kyle Scott was born out of wedlock. Logan Scott was not born out to
wedlock.
The children are presently residing with Plaintiff & Defendant equally
through shared physical custody.
5.
During the past 7 years, the children have resided with the following
persons and at the following addresses:
PERSONS ADDRESSES
Plaintiff
Plaintiff
Plaintiff
Plaintiff
Plaintiff
126 C. Street, Carlisle, PA
1522 Pine Road, Carlisle, PA
323 Louther Street, Carlisle, PA
DATES
1998-3/2003
4/2003-9/2003
9/2003-612004
138 North Hanover Street, Carlisle, PA 6/2004-6/2004
2371 Walnut Bottom Rd., Carlisle, PA 6/2004-9/2004
Plaintiff 2-C W. Springville Rd.,
Boiling Springs, PA
9/2004-9/2004
Defendant 116 Yates St., Mt. Holly Springs, PA 9/2004-present
Plaintiff 126 C. Street, Carlisle, PA 912004-1/2005
Defendant 116 Yates St., Mt. Holly Springs, PA 9/2004-present
Plaintiff 43 S. East Street, Carlisle, PA 1/2005 - present
Defendant 116 Yates St., Mt. Holly Springs, PA 912004-present
The mother of the children is Tracy (Scott) Failor, currently residing at 43
South East Street, Carlisle, Pennsylvania.
She is married.
The father of the children is Rick Scott, currently residing at 116 Yates
Street, Mount Holly Springs, Pennsylvania.
He is not married.
The relationship of Plaintiff to the child is that of Father. The Plaintiff
currently resides with the following persons:
2
6
7
8.
NAME
Pam Weidemoyer
Kyle Scott
Logan Scott
RELATIONSHIP
fianc6
son
son
The relationship of Defendant to the child is that of Mother. The
Defendant currently resides with the following persons:
NAME RELATIONSHIP
Ed Kennedy boyfriend
Kyle Scott son
Logan Scott son
Plaintiff has not participated as a party in previous litigation concerning the
custody of the child
Plaintiff does not know of a person not a party to the proceeding who has
physical custody of the child or claims to have custody or visitation rights
with respect to the child.
The best interest and permanent welfare of the child will be served by the
granting relief requested because:
(a) The children have a more stable home and emotionally consistent
environment while living with Plaintiff, while the Defendant is
transient, sometimes living as little as 2 weeks at a particular
location and with varying individuals.
(b) Defendant has a history of drug abuse and is often being
arrested for criminal acts committed in front of the children.
(c) Defendant lashes out viciously at the children and/or Plaintiff in
front of the children.
(c) Plaintiff has undertaken and performed the primary parental
responsibilities for the children.
(d) The Plaintiff can provide needed stability in child's life;
3
(e) The Plaintiff has the facilities to provide for the care, comfort and
control of the child, as well as the intention and desire to do so.
(f) The children want to live with the Plaintiff.
9. Each parent whose parental rights to the child have not been terminated
and the persons who have physical custody of the child have been named
as parties to this action.
WHEREFORE, Plaintiff requests this Court modify the current Custody Order
so that primary physical custody is in the Father with visitation in the Mother as
agreed upon by the parties.
Respectfully Submitted,
THE LAW OFFICE OF SHANE B. KOPE
/y
Date.
SHANE BXOPE, ESQ.
VERIFICATION
I verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.
S. § 4904 relating to unsworn falsification to authoritie
Dated: May 2, 2005
Rick Sco t, Plaintiff
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, hereby certify that on May 2, 2005, 1 served a copy of
the foregoing Petition by depositing same in the United States Mail, first class, postage
prepaid in Camp Hill, Pennsylvania, addressed as follows:
Tracy Failor
43 South East Street
Carlisle, PA 17013
Defendant / Respondent
Sha -e-B squire
Supreme Court I.D. # 92207
LAW OFFICE OF SHANE B. KOPE
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
Tele. (717) 761-7573
Attorney for Plaintiff/ Petitioner
V ( c' `
rrt ".
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW .
Cl) ,
,
RICKY L. SCOTT,
) z?
z:V c
c-) ?-`'
.Vr-
Plaintiff ) r- Qo
o o
v ) No. 2003-4811 z 3
. 0
-
y C't 3
TRACY L. FAILOF ) x Q
Defendant )
?
N
Petition for Modification
Petitioner is Plaintiff, RICKY L. SCOTT, who currently resides at 329 N.
Baltimore Avenue, Mt. Holly Springs, Cumberland County, PA 17065.
2. Respondent is Defendant, TRACY L. FAILOR, who currently resides at 1574
Trindle Road, Carlisle, Cumberland County, PA 17015.
3. Petitioner and Respondent are the natural parents of the following child:
Name
LOGAN R. SCOTT
Age
14 years
4. A custody order was entered on September 2004, in the Cumberland County
Court of Common Pleas. A copy of the custody order is attached.
5. Petitioner seeks to modify the custody order because: I would ask that the court
change the visitation to allow Logan Scott to reside at his fathers residence during the week while
in school. The main reasons being that mother's pending incarceration and subsequent release for
a 3rd DUI will cause her license to be suspended. Logan currently lives outside of the boundaries
of the Carlisle Area School District at her residence and therefore would not be able to ride the
bus to school. Further, Logan can ride the bus from Father's residence to and from school.
6. Petitioner believes the custody order should be changed as follows: During
periods that school is not in session ie weekends, holidays, and summer recess custody would
stay on the same schedule. During the school week, as stated above, that Logan be able to stay at
Father's residence, thereby allowing him easy access to regular school attendance, a consistent fq,4:
GAO- N-7 D -to 10q q1*1
dash
Petition for Modification Page 3 of 5
schedule, and potentially less distraction from the thoughts of getting to school.
WHEREFORE, Petitioner respectfully requests that this Court modify the Order as
requested.
'__ /ts
Date: za<?
CKY OTT, Plaintiff
Verification
I, RICKY L. SCOTT, Plaintiff, verify that the facts stated in the foregoing Petition are
true and correct to the best of my knowledge, information and belief. Petitioner understands that
false statements therein are subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unworn
falsification to authorities.
Date: 2 G!S mil/
RICKY TT, Plaintiff
Petition for Modification Page 4 of 5
DEC 11 20M d7
RICK SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 20034811 CIVIL TERM
TRACY (SCOTT) FAILOR, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this /z' day of , 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated September 20, 2004 is hereby vacated.
The parties' Contempt Petitions shall be held in abeyance.
2. The Father, Rick Scott, and the Mother, Tracy (Scott) Failor, shall have
shared legal custody of Kyle Scott, born April 6, 1992 and Logan Scott, born October 13,
1996. Each parent shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the children including, but not limited to medical, dental,
religious or school records, the residence address of the children and the other parent. To
the extent one parent has possession of any such records or information, that parent shall
be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent. Both parents shall be entitled to full participation in all educational and
medical/treatment planning meetings and evaluations with regard to the minor children.
Each parent shall be entitled to full and complete information from any physician, dentist,
teacher or authority and copies of any reports given to them as parents including, but not
limited to: medical records, birth certificates, school or educational attendance records or
report cards. Additionally, each parent shall be entitled to receive copies of any notices
which come from school with regard to school pictures, extracurricular activities,
children's parties, musical presentations, back-to-school nights, and the like.
The parents shall have shared physical custody of the Children as follows:
y
A. Mother shall have physical custody of the children on Monday and
Tuesday overnights from the beginning of school or 8:00 a.m. on Monday
to the beginning of school or 8:00 a.m. on Wednesday.
Y? loo
i
.
1
r N
L? ? ? yL
U
B. Father shall have physical custody of the children on Wednesday and
Thursday overnights from the beginning of school or 8:00 a.m. on
Wednesday to Friday at the beginning of school or 8:00 a.m.
C. The parties shall alternate weekends from Friday at the beginning of
school or 8:00 a.m. to Monday at the beginning of school or 8:00 a.m.
4. Holidays:
A. Christmas shall be divided into two Blocks. Block A shall be from
2:00 p.m. on Christmas Eve to 2:00 p.m. on Christmas Day. Block B
shall be from Christmas Day at 2:00 p.m. to December 26 at 2:00 p.m.
Father shall have Block A in even numbered years and Block B in odd
numbered years. Mother shall have Block A in odd numbered years
and Block B in even numbered years.
B. The following holidays shall be alternated from year to year from 8:00
a.m. to 8:00 p.m.: New Year's Day, Easter, Memorial Day, July 4th
and Labor Day. Father shall have the following holidays in odd
numbered years: Easter and July 0 and the following holidays in even
numbered years: New Year's Day, Memorial Day and Labor Day.
Mother shall have the following holidays in odd numbered years: New
Year's Day, Memorial Day and Labor Day and the following holidays
in even numbered years: Easter and July 4 h.
C. Thanksgiving shall be divided into two blocks and alternated. Father
shall have physical custody of the children from 8:00 a.m. to 2:00 p.m.
in odd numbered years and 2:00 p. m. to 8:00 p.m. in even numbered
years. Mother shall have physical custody of the children from 8:00
a.m. to 2:00 p.m. in even numbered years and from 2:00 p.m. to 8:00
p.m. in odd numbered years.
D. Mother shall have physical custody of the children on Mother's Day.
Father shall have physical custody of the children on Father's Day.
5. Each party shall be entitled to two consecutive or non-consecutive weeks
of vacation to be taken during the children's summer vacation from school. The parties
shall provide 30 days prior notice of the scheduling of vacation.
6. The parties shall share transportation such that the receiving party shall be
responsible for transportation unless otherwise agreed.
7. The parties shall communicate by e-mail or voice mail. No messages
or communication may be sent through the children. The parties shall cooperate with and
discuss the children's extracurricular activities, and during any period of physical
custody, that parent will be responsible to ensure that the children attend their
extracurricular activities, including sports. Neither parent shall unilaterally enroll the
children in said activities. Each parent shall act in the best interest of the children to
facilitate the children's participation in these activities.
8. The children shall remain in their current schools. Neither party may
change the children's schools without further Order of Court or agreement of the parties.
9. Neither parent may leave Logan alone on a regular or recurring basis for
more than fifteen minutes at a time and the parties shall utilize caregivers or other
programs for after school or the summer.
10. Mother shall schedule counseling for the children by January 1, 2009.
Mother shall be responsible for any cost for counseling.
11. The parties shall notify the other immediately of medical emergencies
which arise while the children are in their care, and will inform the other party of any and
all medical appointments, and further neither parent shall deny the other an opportunity to
obtain a second medical opinion.
12. Bother parties shall administer medications as prescribed by the children's
physicians during their periods of custody and both parents agree to provide medicine in
their custody to the other parent as needed to insure that the medicines are properly
administered.
13. Neither party will do anything nor permit a third party to do anything,
which may estrange the Children from the other party, or injure the opinion of the
Children as to the other parent or which may hamper the free and natural development of
the Children's love and respect for the other parent.
14. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE 9OURT,
Kevin A/lRess. J.
cc,A56slie J. Beam, Esquire, Counsel for Father
acy Failor, pro se
43 S. East Street
Carlisle, PA 17013y
?ew ?1%
RICK SCOTT,
Plaintiff
V.
TRACY (SCOTT) FAILOR,
Defendant
PRIOR JUDGE: Kevin A. Hess, J.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:2003-4811 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 Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kyle Scott April 6,1992 Father
Logan Scott October 13, 1996 Mother
2. A Conciliation Conference was held in this matter on December 9, 2008,
with the following individuals in attendance: The Father, Rick Scott, with his counsel,
Leslie J. Beam, Esquire and Mother, Tracy (Scott) Failor, pro se.
3. The Honorable Kevin A. Hess, previously entered an Order of Court dated
September 20, 2004 providing for shared legal custody and shared physical custody.
4. The parties agreed to the entry of an Order in the form as attached.
t?-ro Ofs'
Date ac eline M. Verney, Esquire Custody Conciliator
THE LAW OFFICE OF SHANE S. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkoye0comcast.net
RICK SCOTT
Plaintiff,
VS.
TRACY (SCOTT) FAILOR
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4811
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
1. The Plaintiff is Rick Scott, residing at 116 Yates Street, Mount Holly
Springs, Pennsylvania.
2. The Defendant is Tracy (Scott) Failor residing at 43 South East Street,
Carlisle, Pennsylvania.
3. A Custody Order was entered by this Honorable Court on September 20,
2004 wherein the parties share equally physical and legal custody of the
children.
4. Plaintiff seeks to modify the current Custody Order so that he has primary
physical custody of the following children:
NAME PRESENT RESIDENCE D.O.B. AGE
Kyle Scott 43 South East Street, Carlisle, 4/6/92 13
Pennsylvania.
Logan Scott 43 South East Street, Carlisle, 10/13/96 8
Pennsylvania.
Kyle Scott was born out of wedlock. Logan Scott was not born out to
wedlock.
The children are presently residing with Plaintiff & Defendant equally
through shared physical custody.
During the past 7 years, the children have resided with the following
persons and at the following addresses:
PERSONS ADDRESSES
Plaintiff 126 C. Street, Carlisle, PA
Plaintiff
Plaintiff
Plaintiff
Plaintiff
1522 Pine Road, Carlisle, PA
323 Louther Street, Carlisle, PA
DATES
1998-3/2003
4/2003-9/2003
9/2003-612004
138 North Hanover Street, Carlisle, PA 6/2004-612004
2371 Walnut Bottom Rd., Carlisle, PA 6/2004-9/2004
Plaintiff 2-C W. Springville Rd.,
Boiling Springs, PA
9/2004-9/2004
Defendant 116 Yates St., Mt. Holly Springs, PA 9/2004-present
Plaintiff
&
Defendant
Plaintiff
Defendant
126 C. Street, Carlisle, PA 9/2004-1/2005
116 Yates St., Mt. Holly Springs, PA 9/2004-present
43 S. East Street, Carlisle, PA 1/2005 - present
116 Yates St., Mt. Holly Springs, PA 912004-present
The mother of the children is Tracy (Scott) Failor, currently residing at 43
South East Street, Carlisle, Pennsylvania.
She is married.
The father of the children is Rick Scott, currently residing at 116 Yates
Street, Mount Holly Springs, Pennsylvania.
He is not married.
5. The relationship of Plaintiff to the child is that of Father. The Plaintiff
currently resides with the following persons:
2
NAME
Pam Weidemoyer
Kyle Scott
Logan Scott
RELATIONSHIP
fianc6
son
son
6. The relationship of Defendant to the child is that of Mother. The
Defendant currently resides with the following persons:
NAME RELATIONSHIP
Ed Kennedy boyfriend
Kyle Scott son
Logan Scott son
7. Plaintiff has not participated as a party in previous litigation concerning the
custody of the child
Plaintiff does not know of a person not a party to the proceeding who has
physical custody of the child or claims to have custody or visitation rights
with respect to the child.
8. The best interest and permanent welfare of the child will be served by the
granting relief requested because:
(a) The children have a more stable home and emotionally consistent
environment while living with Plaintiff, while the Defendant is
transient, sometimes living as little as 2 weeks at a particular
location and with varying individuals.
(b) Defendant has a history of drug abuse and is often being
arrested for criminal acts committed in front of the children.
(c) Defendant lashes out viciously at the children and/or Plaintiff in
front of the children.
(c) Plaintiff has undertaken and performed the primary parental
responsibilities for the children.
(d) The Plaintiff can provide needed stability in child's life,
(e) The Plaintiff has the facilities to provide for the care, comfort and
control of the child, as well as the intention and desire to do so.
(f) The children want to live with the Plaintiff.
9. Each parent whose parental rights to the child have not been terminated
and the persons who have physical custody of the child have been named
as parties to this action.
WHEREFORE, Plaintiff requests this Court modify the current Custody Order
so that primary physical custody is in the Father with visitation in the Mother as
13greed upon by the parties.
Respectfully Submitted,
THE LAW OFFICE OF SHANE B. KOPE
\. .... .- mil' .
Date:! 3l z ups ?-
SHANE B.KOPE, ESQ.
4
VERIFICATION
I verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.
S. § 4904 relating to unsworn falsification to authoriti
Dated: May 2, 2005
Rick 4Sco Plaintiff
CERTIFICATE OF SERVICE
1, Shane B. Kope, Esquire, hereby certify that on May 2, 2005, 1 served a copy of
the foregoing Petition by depositing same in the United States Mail, first class, postage
prepaid in Camp Hill, Pennsylvania, addressed as follows:
Tracy Failor
43 South East Street
Carlisle, PA 17013
Defendant / Respondent
Shan -[L squire
Supreme Court I. D. # 92207
LAW OFFICE OF SHANE B. KOPE
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
Tele. (717) 761-7573
Attomey for Plaintiff / Petitioner
rl)
RICKY L. SCOTT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CO
rrj
PENNSYLVANIA 1-ri
CUMBERLAND COUNTY
--
Fri
, r
r... + ...,? €?
D
2003-4811 CIVIL ACTION LAW r
y
TRACY L. FAILOR =
IN CUSTODY -? a
DEFFNDANT -ORDER OF COURT
AND NOW, __ Thursday, September 01, 2011 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at_ 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 23, 2011 _ at 2:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ac ueline M. Verne Es . _
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
?c ll . Cop
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
5 9// /ii
AL