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?552Q2?2C2M Franklin County Prothonotary's Office Page 1 PYS51C. il Case Print 2007-0242 BRIAN L FIELDS APICHRISTINA V FIELDS 401 Reference No..: Filed........: 8/09/2007 Case Type.....: CUSTODY Time.......... 12:04 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: WALSH RIC14ARD J Jury Trial.. Disposed Desc.: SETTLED Disposed Date. 9/24/2008 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info FIELDS BRIAN L PLAINTIFF SPEARS JENNIFER L 16 SIR WILLIAM DRIVE WILLIAMS THOMAS J NEWVILLE PA 17241 FIELDS CHRISTINA V DEFENDANT PATTERSON KENT H 405 MEADOW DRIVE BERGER EDMUND J SHIPPENSBURG PA 17257 10 - ******************************************************************************** * Date Entries '' - FIRST ENTRY - 8/09/2007 COMPLAINT FOR CUSTODY WITH $200 CHECK ATTACHED TO ORIGINAL FILING AND PLACED IN TRAY FOR PRESENTATION UPSTAIRS WITH COPIES MAILED BACK TO ATTORNEY. -------062 Image page(s) exist(s) for this entry ---------------- ----------------------------------------- 9/10/2007 ORDER OF COURT DATED SEPTEMBER 7 2007 REGARDING CUSTODY FILED. -------002 Image page(s) exist(s) for this entry ---------------- ----------------------------------------- 9/10/2007 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. JENNIFER L SPEARS ESQ VIA REGULAR MAIL. KENT H PATTERSON ESQ VIA REGULAR MAIL. ------------------------------------------------------------------- 11/05/2007 ORDER WITH FILE FROM PERRY COUNTY COURTS TO TRANSFER VENUE TO FRANKLIN COUNTY FILED. BY C JOSEPH REHKAMP PJ. - -- ------------------063 Image page(s) exist(s) for this entry ----------------------------------------- 11/08/2007 ORDER OF COURT DATED NOV 6 2007 ORDERING THAT COUNSEL FOR THE PARTIES AGREE TO A TEMPORARY ORDER OF COURT OR TO GET THIS MATTER BACK ON THE COURTS CALENDAR FOR A THURSDAY MORNING PRESENTATION FILED. BY RICHARD J WALSH JUDGE. -----------------------002 Image page(s) exist(s) for this entry ----------------------------------------- 11/08/2007 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. JENNIFER L SPEARS ESQ & KENT H PATTERSON ESQ VIA REGULAR MAIL. ------------------------------------------------------------------- 11/30/2007 CERTIFICATE OF SERVICE FILED. -----------------------002 Image page(s) exist(s) for this entry ----------------------------------------- 1/14/2008 STIPULATION FOR A TEMPORARY ORDER OF CUSTODY FILED AND SENT UPSTAIR AND COPY RETURNED TO ATTY. 004 Image page(s) exist(s) for this entry ----------------- - - - - - - ----------------------------------------- 1/22/2008 ORDER REGARDING STIPULATION FOR A TEMPORARY ORDER OF CUSTODY ORDERING THE ORDER DATED SEPTEMBER 11 2007 ISSUED BY THE COURT OF COMMON PLEAS OF PERRY COUNTY SHALL CONTINUE IN FULL FORCE AND A CONCILIATION CONFERENCE SHALL BE SCHEDULED FOR FEBRUARY 5TH 2008 AT 2:00 PM IN THE ASSIGNED ROOM THIRD FLOOR FILED. BY RICHARD J WALSH JUDGE. - ---------------------001 Image page(s) exist(s) for this entry ----------------------------------------- 1/22/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. 4114. oo PO 4rrY ,gam&t52 A TT E ST PR , 'E-COPY ??-* N4a8 tlhlki A Bkl!" . P?n.l?ISl?tA9F?ymar 4 i YNi ??\ i ? 41 ??JL?Nno 1455280:202010 Franklin County Prothonotary's Office Page P?;S51C' . ?vil Case Print 2007-02742 BRIAN L FIELDS (v CHRISTINA V FIELDS Reference No..: Filed........: 8/09/2007 Case Type...... CUSTODY Time.......... 12:04 Judgment..... 00 Execution Date 0/00/0000 Judge Assigned: WALSH RICHARD JJury Trial.... Disposed Desc.: SETTLED Disposed Date. 9/24/2008 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: JENNIFER SPEARS ESQ/KENT PATTERSON ESQ VIA REGULAR MAIL ------------------------------------------------------ -------------- 2 26/2008 CONCILIATOR'S REPORT FILED AND SENT UPSTAIRS. 004 Image page(s) exist(s) for this entry -------------------------------------------------------------------- 2/29/2008 ORDER OF COURT REGARDING CUSTODY FILED. BY DOUGLAS W HERMAN JUDGE. --------002 Image page(s) exist(s) for this entry --------------- ----------------------------------------- 2/29/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. JENNIFER L SPEARS ESQ VIA REGULAR MAIL. KENT PATTERSON ESQ VIA REGULAR MAIL. ------------------------------------------------------------------- 3/07/2008 PETITION FOR SCHEDULING OF PRETRIAL CONFERENCE FILED AND SENT UPSTAIRS. -------006-Image page(s) exist(s) for this entry ---------------- ---------------------------------------- 3/12/2008 ORDER OF COURT FOR PRE TRIAL CONFERENCE SCHEDULING HEARING FOR APRIL 25 2008 FILED. BY RICHARD J WALSH JUDGE. ----- -- ---- ---- ---001-Image page(s) exist(s) for this entry ---------------------------------------- 3/12/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS'DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. KENT PATTERSON ESQ & JENNIFER L SPEARS ESQ VIA REGULAR MAIL. ---------------------- ---------------------------------------- 4/23/2008 PLAINTIFF'S PRETRIAL STATEMENT WITH COPIES RETURNED TO ATTY FILED. -- --------- ---------004 Image page(s) exist(s) for this entry ----------------------------------------- 4/25/2008 PRE-TRIAL MEMORANDUM OF CHRISTINA V FIELDS FILED. - ---------------------006 Image page(s) exist(s) for this entry ----------------------------------------- 5/02/2008 ORDER DIRECTING EXPERT EXAMINATION AND REPORT PURSUANT TO PA.R.C.P 1915.18 REGARDING A CUSTODY EVALUATION FILED. RICHARD L WALSH JUDGE. ------- ------- -----003 Image page(s) exist(s) for this entry ----------------------------------------- 5/02/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. JENNIFER L SPEARS VIA REGULAR MAIL. KENT PATTERSON VIA REGULAR MAIL. NEIL BURKHOLDER VIA PLACED IN HANDS OF. EUGENE H STECHER VIA REGULAR MAIL. ------------------------------------------------------------------- 5/02/2008 PRE-TRIAL CONFERENCE ORDER REGARDING CUSTODY FILED. RICHARD J WALSH. ----- ----------------005 Image page(s) exist(s) for this entry ----------------------------------------- 5/02/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN "COUNTY PA. JENNIFER SPEARS VIA EOULAR MAIL. KENT PATTERSON VIA REGULAR MAIL. NEIL BURKHOLDER PLACED IN HANDS OF. ------------------------------------------------------------------- 5/12/2008 ORDER SUPPLEMENTING ORDER APPOINTING EXPERT AND ORDERING THAT THE TOTAL COST OF THE EVALUATION SHALL BE ALLOCATED BETWEEN THE PARTIES WITH EACH PAYING 50%- OF THE EVALUATOR'S PROFESSIONAL FEE FILED. BY RICHARD J WALSH JUDGE. 001 Image page(s) exist(s) for this entry ---------------------------------------- 5/12/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. 2 ,552817202Franklin County Prothonotary's Office Page P?:S51C. vil Case Print 2007-02742 BRIAN L FIELDS (vI CHRISTINA V FIELDS • Reference No... Filed. 8/09/2007 Case Type...... CUSTODY Time......... 12:04 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: WALSH RICHARD J Jury Trial.... Disposed Desc.: SETTLED Disposed Date. 9/24/2008 ------------ Case Comments ------------- Higher Crt 1.: PROTHONOTARY FIZANKLIN':CC1UNTY PA. Higher Crt 2.: JENNIFER L SPEARS ESQ-VIA REGULAR MAIL. KENT H PATTERSON ESQ VIA REGULAR MAIL. NEIL E BURKHOLDER COURT ADMINISTRATOR VIA COURTHOUSE MAIL. EUGENE H STECHER MA VIA REGULAR MAIL. -------------------------------------------------------------------- 7/15/2008 CERTIFICATE OF COMPLETION OF EDUCATION PROGRAM FOR DIVORCING PARENTS (PLAINTIFF) FILED. 001 Image page(s) exist(s) for this entry 7/29/2008 PRAECIPE TO RECORD WITH CERTIFICATE REGARDING THE COMPLETION OF THE DIVORCING PARENTING PROGRAM AND COPY RETURNED TO ATTY FILED. -------003 Image page(s) exist(s) for this entry --------- 8/18/2008 ORDER OF COURT DATED AUGUST 7 2008 ORDERING PROCEEDINGS OF EVIDENTIARY HEARING REMAIN OPEN AND BE RECONVENED ON WEDNESDAY AUGUST 27 2008 AT 9:00 AM FILED. BY RICHARD J WALSH JUDGE. 001 Image page(s) exist(s) for this entry ---------------- ---------------------------------------- 8/18/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. JENNIFER L SPEARS ESQ VIA REGULAR MAIL. KENT H PATTERSON ESQ VIA REGULAR MAIL. ------------------------------------------------------------------- 8/20/2008 CERTIFICATE OF COMPLETION OF EDUCATION PROGRAM FOR DIVORCING PARENTS (DEFENDANT) FILED. 001 Image page(s) exist(s) for this entry ---------------------------------------- 8/29/2008 ORDER OF COURT DATED;*'AU0U8T 27TH 2008 REGARDING CUSTODY FILED. BY RICHARD J WALSH JUDGIE. -- -- ----------------002 Image page(s) exist(s) for this entry ----------------------------------------- 8/29/2008 NOTICE OF ENTRY' OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. KENT PATTERSON ESQ/JENNIFER SPEARS ESQ VIA REGULAR MAIL ------------------------------------------------------------------- 9/02/2008 ORDER OF COURT REGARDING CUSTODY FILED. BY RICAARD J WALSH. -- -- -- ------------003 Image page(s) exist(s) for this entry ----------------------------------------- 9/02/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. ATTY SPEARS VIA REGULAR MAIL. ATTY PATTERSON VIA REGULAR MAIL. ------------------------------------------------------------------- 9/24/2008 ORDER OF COURT DATED SEPTEMBER 23 2008 REGARDING CUSTODY FILED. BY RICHARD J WALSH JUDGE. -----------------------005-Image-page(s) exist(s) for this entry --------------------------- 9/24/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. JENNIFER L SPEARS ESQ VIA REGULAR MAIL. KENT H PATTERSON ESQ VIA REGULAR MAIL. ------------------------------------------------------------------ 3/15/2010 PETITION TO TRANSFE,,CU?TgDY PROCEEDINGS UNDER PA RCP NO 1915.2(C) FILED AND SENT UPST_ R?:? --- 004_Image page(s) exist(s) for this entry ---------------- ------------------------------------- 3/18/2010 RULE TO SHOW CAUSE ISSUING A RULE UPON THE RESPONDENT TO SHOW CAUSE AS TO WHY THE PETITIONER IS NOT ENTITLED TO THE RELIEF REQUESTED FILED. BY RICHARD J WALSH JUDGE. 3 145528n04202010 Franklin County Prothonotary's P5 S51C' • Ovil Case Print 2007-02742 BRIAN L FIELDS (vs CHRISTINA V FIELDS Reference No... Case Type.....: CUSTODY Judgment...... .00 Judge Assigned: WALSH RICHARD Disposed Desc.: SETTLED ------------ Case Comments -- 3/18/2010 4/08/2010 4/08/2010 4/09/2010 4/09/2010 4/15/2010 4/15/2010 4/19/2010 4/19/2010 4/20/2010 GRANTED CHECK FOR TRANSFER OF CASE IS IN FILE PENDING BEING TO TRANSFER.) -------004 Image page(s) exist(s) for this entry ----------------- ----------------------------------------- NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. ATTY SPEARS/ATTY PATTERSON VIA REGULAR MAIL. -------------------------------------------------------------------- PETITION FOR EMERGENCY RELIEF FILED AND SENT UPSTAIRS AND COPIES RETURNED TO ATTY. 038 Image page(s) exist(s) for this entry ----------------------- ------------------------------------------ CERTIFICATE OF SERVICE FILED. ---- --001 Image page(s) exist(s) for this entry ----------------- ----------------------------------------- ORDER DATED APRIL 8 2010 ISSUING RULE UPON RESPONDENT TO SHOW CAUSE WITH A HEARING SCHEDULED ON TUESDAY APRIL 13 2010 AT 3:30 PM FILED. BY RICHARD J WALSH JUDGE 002 Image page(s) exist(s) for this entry ------------------------------------------------------------------- NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. EDMUND BERGER ESQ VIA REGULAR MAIL KENT PATTERSON ESQ VIA REGULAR MAIL JENNIFER L SPEARS ESQ VIA REGULAR MAIL ------------------------------------------------------------------- ORDER OF COURT DATED APRIL 14 2010 ORDERING CASE TO BE TRANSFERRED TO CUMBERLAND COUNTY PROTHONOTARY. BY RICHARD J WALSH JUDGE. -----------------------002 Image page(s) exist(s) for this entry ----------------------------------------- NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. EDMUND BERGER ESQ-JENNIFER L SPEARS ESQ & THOMAS WILLIAMS ESQ VIA REGULAR MAIL. ------------------------------------------------------------------- ORDER OF COURT DATED APRIL 13 2010 REGARDING PETITION FOR SPECIAL RELIEF AND THE FATHZR IPDICATED ON RECORD THAT HIS INTENTION IS TO SEEK FAMILY COUNSELING AND THAT A MODIFICATION WILL BE PENDING IN CUMBERLAND COUNTY DUE TO THIS CASE BEING TRANSFERRED TO CUMBERLAND COUNTY FILED. (EXHIBIT A ATTACHED) BY RICHARD J WALSH JUDGE. -- -- -- ------------004 Image page(s) exist(s) for this entry ----------------------------------------- NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. THOMAS J WILLIAMS ESQ VIA REGULAR MAIL. EDMUND J BERGER ESQ VIA REGULAR MAIL. ------------------------------------------------------------------- CASE SENT TO CUMBERLAND COUNTY PER ORDER OF COURT DATED APRIL 15 2010 BY CERTIFIED MAIL. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be *Bal***Pmts/Adl End Bal ******************************** **** ****** ******************************* COMP CSTY NEW 48.50 48.50 .00 DISC OUST/JCP 5.00 10 0 5.00 .00 OUST/ WRIT . 0 .50 10.00 .50 .00 00 OUST/ AOPC FEE 5.20 5.20 . .00 Office 0 Page Filed......... 8/09/2007 Time.......... 12:04 Execution Date 0/00/0000 J Jury Trial.... Disposed Date. 9/24/2008 Higher Crt 1.: Higher Crt 2.: MOTION x-5:552804:2020=-0 Franklin County Prothonotary's 1 1 Office Page 5 M ,1 3 5 1 E' • vi.l Case Print 7 2007-0242 BRIAN L FIELDS r CH I (VS R STINA V FIELDS Reference No..: Filed........: 8/09/2007 Case Type...... CUSTODY Time.......... 12:04 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: WALSH RICHARD J Jury Trial.... Disposed Desc.: SETTLED Disposed Date. 9/24/2008 ------------ Case Comment:- ------------- Higher Crt 1.: Higher Crt 2.: CUST-AUTO FEE 5.00 5.00 .00 PETITION DISC 5.00 5.00 00 PETITON DIS/JCP 23.50 23.50 PETIT AUTO F . .00 - EE 5.00 5.00 .00 PETITION MISC 60.00 60.00 --------------- .00 ---------- --- 167.70 167.70 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** Y `e IN THE COURT Q)-CQ,MON PLEAS OF THE 34"' JUDICIAL DISTRICT OF .PENNSYLVANIA :FRANKLIN COUNTY ]BRANCH CHRISTINA FIELDS, CIVIL ACTION Plaintiff NO. 2007-2742 hrs. C:J rv r Judge; R.ichari3. ash .x? BRIAN FIELDS, Defendant ' , - r J 1., ORDER OF COURT -D April 2010, after considering Plaintiff's Petition to Transfer Custody Proceedings, Defendant's failure to answer the petition, and the law, IT IS ORDERED that: 1. Franklin County constitutes an inconvenient forum for further proceedings in this custody matter, since the children and the parties now live in Cumberland County, Pennsylvania. Pa. R.C.P. 1915.2(a). 2. Pursuant to Pa. R.C.P. 1915.2(c), this custody action is transferred to Cumberland County. 3. The Prothonotary of Franklin County shall forward to the Prothonotary of Cumberland County certified copies of the docket entries, process, pleadings, and other papers :Filed heretofore in this custody action. 4. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case. Pursuant to the requirements of Pa. R.C.P. 236 (a)(2), (b), (d), the Prothonotary shall immediately give written notice of the entry of this Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notice and the time and manner thereof. By the Court, ' ? r^ J. The Prothonotary shall give notice to: Jennifer L. Spears, Esq., and Thomas Williams, Esq., Counsel for the Defendant Edmund Berger, Esq., Counsel for Plaintiff 1 'ROW IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT, PENNSYLVANIA 2 FRANKLIN COUNTY BRANCH 3 r- f Brian Fields CIVIL ACTIODZ,?. .- 4 .9 o 5 ? VS .? 6 Christina Fields No. 2742 2007 co 7 APPEARANCES: 8 Thomas Williams, Esquire, appears on behalf of the 9 plaintiff/respondent herein. 10 Edmund J. Berger, Esquire, appears on behalf of the defendant/petitioner herein. 11 ORDER OF COURT 12 13 14 15 16 17 18 April 13, 2010, the petition of Christina an emergency basis. The courtroom from both parent chambers from both of the summary, father indicated the matter is before the Court on Fields for special relief filed on Court has taken evidence in the =s and 0has taken evidence in children. By way of brief on the record that his intention 19 was to seek family counseling involving himself, Melissa and 20 the two children despite today's outcome. 21 The evidence supports that that is a very 22 appropriate reaction to what is currently going on and 23 therefore, it is hereby ordered that Brian make arrangements 24 at the earliest opportunity to try to obtain some family 25 counseling involving him, Melissa and the children only so 1 Melissa J. Little Official Court Reporter 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 F__1 LJ It is further ordered that each of the parents and that are going on in their lives right now. with respect to any request to change physical custody at this juncture, given that a petition for modification is or shortly will be pending in Cumberland County to which county this matter is soon to be transferred, the Court declines to find that there is any basis for a change in physical custody at this point. The Court notes with pleasure in examining mother and father on the record that they agreed to cooperate as joint legal custodians to allow the children to participate in any necessary counseling and would cooperate with the providing of any authorizations, releases or consents for the same. Pursuant to the requirements of Pa. R. C. P. 236 written notice of the entry of this Order, including a copy of this Order, to each party's attorney of record, or if 2 Melissa J. Little Official Court Reporter 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 unrepresented, to each party; and shall note in the docket the giving of such notice and the time and manner thereof. C• omas Williams, Esquire d J. Berger, Esquire By the Court, J. 3 Melissa J. Little Official Court Reporter RPR 12 2001 9:51RM HP LRSERJET 3200 P.6 Mom CQ115 nUls Mom 1ie6 ccv? ?? s To ev the, ...ell I?es? ?l l l`JS F a me,? o F: Irk ?;??, ??? 1 Groom Us becquse ? ? 5 '??id fC <5? t4f1 k n Of 006? re5 l av ? V ?ry,`n? ? yr b P" Q /Ij fie- l?a.s ?- w ??dcm? ,9--n cam. In? S ov qo? Ck ll'a??, ?k - n lc:o ? ??-lie-lis r-,)aA mores ?;??,?s LO; myk?6r ?"tr ?,. i cwt d,?? 4A - ?lMs vs hells • • IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CHRISTINA FIELDS, PETITIONER V. BRIAN FIELDS, RESPONDENT ?i nGIF D 1 c -n c-- ° 2007-202 0 ; Docket No . IN CUSTODY Uj- j ORDER AND NOW, this 0 day of , 2010, upon consideration of the foregoing petition, it is hereby ordered that 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. The respondent shall file a verified Answer to the Petition within_bmept?• days of service upon the respondent; Cw 01 AW, dF/c?a, 3. The Petition shall be decided under Pa.R.C.P. No. 206.7; 4. Hearing and/or argument shall be held on Zoio, 2010, at 3 = 3 0 o'clock m. in Courtroom No. of the Franklin/ Fulton County Courthouse, Chambersburg/ McConnellsburg, PA; 5, if Items 4 and 5 above ate left blank, depositions and or argument or hearing will be considered upon the request of any party; and 6. Notice of entry of this order shall be provided to all parties by the petitioner. nrt?r, ?.'^n?r tip, A?1F P. r 7:-Until such *ne as a hew*ig can be held, OF tM Rule to Show GaW-e Ames i sale eu On, shommen M. Fields and4orm. %dittlatina Fields. F 8. In the case of Preliminary Objections LLocal Rule 1028(x)], Motions for Judgment on the Pleadings [Local Rule 1034(a)] and Motions for Summary Judgment [Local Rule 1035(a)j, parties shall follow the procedures for disposition set forth in those rules. By the Court, t4a 7Q, Judge BY THE COURT: Distribution List: Edmund "'fad" Berger, Esq. 2104 Market Street, Camp Hill, PA 17011 Jennifer L. Spears, Esq.10 East High Street, Carlisle, PA 17013 0 & • IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CHRISTINA FIELDS, ; PETITIONER V. BRIAN FIELDS, RESPONDENT rrl C ?j r- < off, Docket No 2007- 74 r ° . oo IN CUSTODY ' y J CERTIFICATE OF SERVICE I, Edmund J. Berger, hereby certify that a true and correct copy of the foregoing document, Petition for Emergency Relief, was served upon the Defendant's counsel by First Class Mail on Thursday, April 8, 2010. BY FACSIMILE & FIRST CLASS MAIL Jennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 f f Edmund J. Berger Attorney for Plaintiff BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 tberger(&-bergerlawfirm. net tp i, I7 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CHRISTINA FIELDS, PETITIONER V. BRIAN FIELDS, RESPONDENT Docket No. 2007-2742 IN CUSTODY ORDER OF COURT AND NOW, this day of April, 2010, upon consideration of the foregoing Petition for Emergency Relief, it is hereby ORDERED that sole custody of the minor children, Shannon M. Fields and Ian M. Fields, shall be with Petitioner, Christina Fields until further proceedings after transfer of this matter to Cumberland County and the filing of a Petition for Modification of Custody in that County. Petitioner may request the assistance of the police in the Respondent's jurisdiction to obtain the immediate return of the children. Alternatively, it is ORDERED that that Father, Mother, and the minor children, Shannon M. Fields and Ian M. Fields, and a representative of Children and Youth Services shall be present for a hearing before this Court on April , 2010 at a.m./p.m. to give testimony regarding the need for temporary modification of the November 28, 2008 shared custody order, pending transfer of this custody matter to Cumberland County and proceedings before that Court to modify custody. The hearing shall be held in the Franklin County Courthouse, Courtroom No Date: BY THE COURT: J. t e IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CHRISTINA FIELDS, PETITIONER V. : Docket No. 2007-2742 CD BRIAN FIELDS, : IN CUSTODY RESPONDENT -?,-; C)o PETITION FOR EMERGENCY RELIEF . ?v 1. Petitioner is Christina V. Fields, who resides at 116 W. King Street, Shippensburg, PA 17257. 2. Respondent is Brian L. Fields, who resides at 116 Sir William Drive, Newvilie, PA 17241. 3. Petitioner and Respondent are the natural parents of the following children: Name Date of Birth Age Shannon M. Fields 6/21/1996 13 Ian M. Fields 10/31/1997 12 4. Petitioner and Respondent currently have shared legal and physical custody of the children pursuant to a custody order entered November 26, 2008 by Judge Walsh of the Court of Common Pleas of Franklin County. Exhibit A. Judge Walsh's Order provided for week-on/week-off custody of the children by Petitioner and Respondent, among other things. This Order was entered after Father had moved back 't • to the area, having lived apart from the children for 5 years (2002 - 2007) and seeing them twice a year for vacations. Judge Walsh's Order was entered consistent with a custody evaluation (Exhibit B) recommending week on/week off shared physical custody, and following a hearing. 5. Since Judge Walsh entered his Order, the shared custody situation has deteriorated and the children have told Mother, on a number of occasions, that they wish to live with Mother and only to visit periodically with Father. Mother and Father undoubtedly have different viewpoints as to why the children are unhappy living with Father and wish to live with Mother. However, the current situation is not about who is right but about what the children are experiencing and what is best for the children. 6. Mother recently filed for a transfer of this custody proceeding to Cumberland County where both Father and Mother reside, in preparation for filing a Petition for Modification of Custody to address the children's issues with the current shared custody situation. 7. However, before transfer of the custody proceedings was completed and before further custody proceedings could occur, as a result of a report of abuse against Father and stepmother (by somebody other than Mother), Children and Youth Services (CYS) intervened at Father's home. 8. As a result of CYS's intervention, the current custody situation at Father's home has deteriorated and Mother is concerned about the welfare of the children pending completion of CYS's investigation. 9. The children have, during a previous confrontation with Father and stepmother, exhibited volatile emotions and daughter Shannon has attempted to harm herself, and Mother is concerned about management of the custody during the pendency of CYS's investigation. 10. Petitioner respectfully requests that the Court recognize the volatile, emergent situation currently being experienced by the children and provide temporary sole custody to Mother pending a a hearing for the purpose of hearing the children's concerns, hearing the parents' perspective on what is occurring, obtaining input from CYS regarding the reports of abuse, and evaluating what is in the best of the children following transfer of this matter to Cumberland County and further proceedings before that Court regarding the custody situation. WHEREFORE, Petition requests that the Court order that sole custody of the minor children, Shannon M. Fields and Ian M. Fields, shall be with Petitioner, Christina Fields until further proceedings after transfer of this matter to Cumberland County and the filing of a Petition for Modification of Custody in that County. Petitioner also requests that the Court direct the assistance of the police in the Respondent's jurisdiction to obtain the immediate return of the children to Mother. Alternatively, Petitioner requests that Father, Mother, and the minor children, Shannon M. Fields and Ian M. Fields, and a representative of Children and Youth Services, be ordered to be present for an emergency hearing before-this Court to give testimony regarding the need for temporary modification of the November 28, 2008 r ? shared custody order, pending transfer of this custody matter to Cumberland County and proceedings before that Court to modify custody. April 8, 2010 Respectfully submitted, Edmund J. Berger I Attorney for Petitioner BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 VERIFICATION I, CHRISTINA FIELDS, verify that the statements made in this PETITION FOR EMERGENCY RELIEF 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. ho Date 1 1 CHRISTINA FIELD Fro'V 02!091""62:58 #469 P.006/013 EXHIBIT 33 September 23, 2008, this matter having come on before the Court for a full evidentiary hearing, and having considered all of the evidence including the testimony of the parties and their witnesses and their documents, the arguments of counsel, the best interests of the children and the law, IT IS HEREBY ORDERED AS FOLLOWS: 1. Legal Custody: Mother and Father shall have shared legal custody of they minor children, Shannon M. Fields, born June 21, 1996 ("Shannon"), and Tan M. Fields, born October 31, 1997 ("Ian") (collectively the "children"). Major, non- emergency decisions concerning the children, including but not necessarily limited to, the children's health, welfare, education and religious training shall be made by them jointly, after discussion and consultation with each other, with a Attests A TRUE COPY ?D LINDA L. BEARD, PROTHONOTARY From! 02/091''',62:59 #489 P.007/013 r Fields v. Fields No. 2007-2742 Order v,,Cvw7 Po,e 2 view towards obtaining and foll6win9 a harmonious policy in the children's best interests. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody at the time of any emergency shall be pennitted to make any immediate decisions necessitated by the emergency, However, that parent shall infonn the other of the emergency and consult with him or her as soon as practical. In accordance with 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, and the resident address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties shall share physical custody on a week on/week off basis with custody exchanges to take place each Friday after school or not later than 5:00 p.m. on those Fridays when there is no school. 3. Telephone: In the spirit of being an accommodating parent with a nurturing obligation to encourage the children's relationship with the other parent, both parents shall allow reasonable telephone contact between the children and the out- of-custody parent and no reasonable request by a child or a parent for a telephone conversation shall be unreasonably denied. 4. Transportation,: The parties shall share transportation, if necessary. It is noted Fro'm? 02/091' '62:59 #489 P.0081013 Fields v. Fields No. 2007-2742 Order (f Court Pa,ze 3 that Father has offered to and should provide necessary transportation as necessary to school and from school including to and from maternal grandparents' home as the parties may from time to time agree. 5. Christmas Holiday: Christmas shall be divided into two segments. Segment 1 shall be from December 24th at 1:00 p.m. through December 25th at 1:00 p.m. Segment 2 shall be from December 25th at 1:00 p.m. through December 26d' at 1:00 p.m. Mother shall have custody of the children for Segment 1 in even numbered years and Segment 2 in odd numbered years. Father shall have custody of the children for Segment 1 in odd numbered years and Segment 2 in even numbered years. 6. Thanksaivinn : Thanksgiving shall be divided into two segments. Segment 1 shall extend from 3:00 p.m. on the Wednesday before Thanksgiving until 3:00 p.m. on the Friday following Thanksgiving. Segment 2 shall extend from 3:00 p.m. on the Friday following Thanksgiving through 3:00 p.m. on the Sunday following Thanksgiving. Father shall have custody of the children for Segment 1 in even numbered years and Segment 2 in odd numbered years. Mother shall have custody of the children for Segment 1 in odd numbered years and Segment 2 in even numbered years. 7. Mother's Day and Father's Day: Mother shall have custody on Mother's Day and Father shall have custody on Father's Day, commencing at 12:00 Noon and ending at 8:00 p.m. 8. Parents' Birthdays: The parents shall cooperate in allowing the children to From: • 02!091" '2:59 #489 P.009/013 Fields v. Fields No. 2007-2742 Order of Court Page 4 spend a reasonable time with each parent on that parent's birthday so that the children can go to dinner or some other activity with the parent having the birthday. 9. Other Holidays: Except for Thanksgiving and Christmas, the parent having physical custody for the week during which a holiday occurs shall have custody for that holiday. 10. Summer Vacation from School: The one week on/one week off schedule shall remain in effect through the summer vacation except for adjustments as the parents may from time to time allow for special trips and for time with the other parent. 11. The Children's Maternal Grandparents: Because the children have established a meaningful bond with Mother's parents, the parties shall make accommodations to provide that the children continue to nurture their bonds with their maternal grandparents. This may include, but is not necessarily limited to, permitting the children to continue to go to their maternal grandparents' home after school even when they are in the custody of their Father, provided circumstances so warrant. 12. Cooperation and Non-Disparagement: The parties shall, from time to time, agree to other changes or modifications to the custody schedule as may be necessary in order to enable both parents to continue to foster and develop a good and healthy relationship with the children. The parties shall cooperate with one another to encourage the children's relationship with the other parent and shall r,UGENE STECHER, M.A. CLINICAL AND COUNSELING PSYCHOLOGY So U -A AkIA_ S+ CHAMBERSBURG, PA 17201 717-263-9392 CHILD CUSTODY EVALUATION The Honorable Richard J. Walsh Court of Common Pleas 39th Judicial District PA-Franklin County Branch Civil Action-Law: No. 2007-2742 Custody Father and Petitioner Brian L. Fields 16 Sir William Drive Newville, Pa. 17241 Counsel for Father Martson Law Offices Jennifer L. Spears, Esq. 10 East High Street Carlisle, Pa. 17013 Dear Judge Walsh: Mother and Respondent Christina V. Fields 405 Meadow Drive Shippensburg, Pa. 17257 Counsel for Mother Kent H. Patterson, Esq. 221 Pine Street Harrisburg, Pa. 17101 Children Ian Fields Age 10, b. 10/31/97 Shannon Fields Age 11, b. 6/21/96 EXHIBIT INTRODUCTION. Your order of May 2, 2008 provided for a custody evaluation to be completed by this evaluator and submitted to counsel by July 7. The report was submitted to your offices and mailed to counsel on July 7. Your order of May 7 indicated that each parent would be responsible for paying 50% of the evaluator's fee. In fact, each parent has made payment of $1350. Evaluation Methodology. (11 The evaluator hopes to find in the adults an effective combination of parent/child skills for building a loving relationship, exercising firm but kind authority, supporting positive peer associations, providing guidance and encouraging interests and goals, and modeling positive coping and problem-solving skills. [e.g., Hetherington, M. and Kelly, J. (2002), For Better or For Worse, and, Declue, G. (2002, Fall:30), 'The Best Interests of the Village Children," The Journal of Psychiatry and Law.] [2] Following the documents review section which provides a chronology of events with some commentary, the report material is organized from indirect to direct and from subjective to objective indicators of parenting ability. Stecher/CustodyEval/Fields July 7, 2008 Evaluations/Counseling-Family/Couples Interventions-Anger Management-Forensics/Custody [3] A summary of evaluator conclusions about parenting abilities can be found in two places: the bold italicized remarks throughout the report and a Summary Chart near the end of the report (p. 24) followed by guidelines, conclusions, and recommendations. [4] As a general rule, allegations and criticisms are not specifically pursued unless they are relevant to parental modeling and decision making and there is at least one additional source of reliably useful information. Assessment Tools. Adult and child interviews Conjoint Parent Interview Collateral interviews Office and home observations Child family drawings Parenting questionnaires Minnesota Multiphaisic Personality Inventory-2 Millon Clinical Multiaxial Inventory-1. Evaluation Schedule. 6/3 - Psychological testing at the evaluator's office: Father and Melissa (2.5 hours). 6/11 - Home visit with Father, Melissa, and the children (4.75 hours). 6/13 - Psychological testing at the evaluator's office: Mother (2.5 hours),." 6/24 - Interview with Cliff and rim, matemal gran parents (1 hour). L 6/25 - Interview with John Stevens, "friend of both parents" (1 hour) 6/27 - Home visit with Mother and the children (3.75 hours). 7/1 - Conjoint interview at the evaluator's office: mother and father (1.5 hours). 7/6 - Brief telephone call with mother. Court Pleadings Reviewed. 7/29/04 - Stipulation for Custody Order{Attomey Patterson) 10/14/04 - Order of Court (Judge C. Joseph Rehkamp, Perry County) 7/20107 - Petition for Modification of Custody Order (Attorney Patterson) 816/07 - Order of Court (Judge Rehkamp). Attend the "Education Program for Separated Parents n 8/8/07 - Complaint for Custody (Attorney Spears) 9/5/07 - Defendant's Answer to Plaintiffs Petition for Modification of Custody Order (Attorney Spears) 9/5/07 - Motion to transfer venue (Attorney Spears). 9/11/07 - Temporary Order of Custody (Judge Rehkamp) 10/19/07 - Order (Judge Rehkamp). Venue is transferred to Franklin County. 1122108 - Order (Judge Walsh). Perry County order of 9/11/07 continues in full force. 2/5/08 - Father's Conciliation Memorandum (Attorney Spears) 2/26/08 - Conciliation Report (David W. Rahauser, Esq.) 3/12/08 - Order of Court for Pre-Trial Conference (Judge Walsh) 4/8/08 - Order (.fudge Rehkamp) 4/17108 - Order (Judge Rehkamp) 4/22/08 - Plaintiffs Pretrial Statement (Attorney Spears) ??? - Pre-Trial Memorandum of Christina V. Fields (Attorney Patterson) Stecher/CustodyEvaUFields July 7, 2008 2 i i Brief Chronolociv of Events. 1968 - Birth and adoption of Christina 1976 - Birth of Brian 1980 - Brian's father dies 1983 - Brian's mother brings life-long partner into the home 1996 - Brian (age 19) and Christina (age 28) many 1996 - Birth of Shannon 1997 - Birth of Ian 2002 - Brian and Christina separate 2005 - Brian (age 29) and Melissa (age 37) marry 2002-2007 - Brian lives on the west coast 2007-2008 - Brian and Melissa live in Newville 2003-2008 - Christina and children live in Shippensburg COLLATERAL INTERVIEWS. Information from these interviews also appear elsewhere in this report. _Maternal Grandmirents (GP), Clifford (GF) and Verl (GM) Grim. From the birth of the children until 2002, contact with the Shannon and Ian included holidays and special occasions and there were weekly visits from GM when the family lived in Marysville. Overtime the GPs also helped out financially with certain matters. It is their impression that the children were well cared for during these years and that the sitter care for the children was competent during those times when both parents were working. Some time after the parental separation, there was a six month period when mother and children lived at the grandparent's home because Christina was still working in Camp Hill. She eventually moved into her own place and the GPs have since provided child care and helped out with transportation, for the most part after school but also at other times as needed. In addition, the GPs attend almost all of the children's school, church, and community functions. The GPs are also directly involved in some out of home activity, for example, taking the children to the Library on Wednesdays. Mother and children also usually have their evening week-day meals with the GPs. In the GPs opinion the children are doing well in school. The children's comments suggest that they really like school. The GPs help out in this regard by supervising the children's homework and other activity after school, which on certain days extends until 6PM. Shannon particularly talks about her friends there. Shannon normally arrives at the GPs at about 2:45 PM and Ian gets there around 3:30PM. No behavior problems have been observed with the children. GM said, "if we say'yes' or'no' they do what we ask" The children are helpful by setting the table, putting toys away before leaving, and clearing the table. There has only been one contrary incident and that was when Shannon fibbed one time when she didn't do some homework. GM suggests that father is probably being overly strict when he grounds a full week for such an offense. The GPs are hoping that the family will be able to interact with good will toward one another. Although in both cases the invitation was declined for various reasons, Shannon invited her Stecher/CustodyEval/Fields July 7, 2008 3 9 0 step-mother to a church mother/ daughter banquet, and Brian invited the GPs_to_Sbannon's_ birthda?.party_at his ti me IPfi f G I,o e- r yv ; ."wi c40 _-s O c,),?- As far as the custody schedule is concerned, GM sees the children as somewhat confused at the current time; she favors week-end time with father, but she fears that an alternating weekly arrangement would be overly disruptive for the children during the school year. GF isn't sure that child support issues don't play a role in the custody dispute. The GPs advise that they tell the children to respect all of the adults and to follow the rules at both homes. Johnathan Stevens. Johnathan lives in Shiremanstown (Camp Hill address) and is employed as an Information Technician Specialist with the U.S_ Army Corp of Engineers in New Cumberland. He and Brian have been friends since 6t' grade, and he has known Christina since she met Brian. He visited frequently when they lived in Marysville, and his main contacts with both since then have occurred prior to the most recent six months. There was a tough period of adjustment and a chaotic time, after the separation and before the move to Shippensburg, when Christina and the children stayed with a friend who had four children, and there was very little, if any, discipline in the home. After their move to Shippensburg, He probably saw mother and children an average of twice a month. Christina made an exceptional effort to help the children stay in touch with their father, even though he was on the west coast. Regarding child support matters, it is probably true that Brian felt offended after trying unsuccessfully to work out a private notification and pay arrangement with Christina following the separation. CUSTODY GOALS AND CONCERNS: Individual Interviews. Mother favors an arrangement of year-round physical custody every other week-end for father and Thursday evenings from 4 to BPM, with two weeks vacation added in the summer. She would remove father's current Monday time from the schedule because it is too disruptive. Last summer mother had the children a total of twenty days, and she talked about how hard it is to re-establish a routine, saying; "Shannon and I couldn't adjust, we were at each other." On the other hand, Ian "goes with the flow." Christina's core concern is that Brian "doesn't grasp who the children are°, that he sees them more in terms of "what they have in common with him." She is also concerned that Melissa tends to treat Ian better than Shannon. She witnessed this recently at Shannon's birthday party when "Shannon was told to do this and that" and Ian got a free pass. She hears Shannon's complaints that Melissa called her "ungratefur and that Ian doesn't take her side. Father acknowledges that when he went to California he was "immature" and "couldn't raise the kids financially." He now favors a joint physical custody arrangement and points out that he lives close enough (10 to 12 miles) to Shippensburg to provide transportation for school and any of the children's activities: Brian's core concem is that Christina is "unable to provide the structure" that the children need, that she is "more concerned about being their friend." He stated that, at the same time, he supports the grandparents positive role in the children's lives, "otherwise I would be asking for more than joint custody." Stecher/CustodyEval/Fields July 7, 2008 4 Melissa has limited experience with custody problems. She has a son, Corey (22), a marine who is currently stationed in Yuma, Arizona. But she describes his father as "uninvolved" in his rearing, although paternal grandmother was at one time "somewhat involved." Melissa and her son frequently talk on-line, and in May she spent a week-end with him in Arizona. Children's Report Cards. The parents' custody goals and the problems that they have with each other must be weighed against the children's school adjustment under the current arrangement (see the grandparent's remarks above). I was able to see the report cards at Mother's home. S ? cL.Y'ae?6/?.S McFissa's final grades for the year were 8 A's and 4 B's. Her teacher wrote, "A pleasure to work with." Ian's report card contained 5 A's and 1 B. On the report card was the phrase "excels in math." On a separate note his teacher wrote, "good mind for math and science .... an excellent reader.._.I expect big things out of you!" Conjoint Interview. In the 2006-2007 school year Shannon had been a B/C/D student. Mother attributes that lower performance, at least in part, to a conflictual relationship with the teacher. Father suggests that, even so, there is no arguing that Shannon has done well in school since he has relocated to this area. f-IC- W) S m o-r 14 ei- 'e-, i) H E- rL L.-)/ o nT L r? << . He P,4.15 7W1c105 GAit 6,54b ???Zt3f [Father's involvement has been either neutral or positive with regard to school adjustment] CO-PARENTING ISSUES AND COMMUNICATION: Conjoint Intervew. Information from the Conjoint Interview also appears elsewhere in this report. Upon father's asking, mother acknowledged that she did not tell him why Dr. Srinivasa increased Shannon's medication or if the increase worked. Mother shared that it was because she told the doctor, "Shannon's disappearing", meaning that she was leaving the home to run with friends without permission. In her opinion the medication increase did not make a change. Father asked to be kept more closely advised since they shared legal responsibility for the children. [Similarly, in her individual interview mother had acknowledged limited control of Shannon, saying, "The difference between Ian and Shannon is that in a store Ian is right beside me and Shannon is gone....have had to page her."] Father used this circumstance to respond to mother's question about why he wanted 50/50 custody. He said that, having a history of attention deficit problems, he can best tell the difference between an attention deficit situation and manipulative behavior. This in turn gives him a stronger motivation for being firm when the child needs to hear 'no'. Mother took in this response but did not offer an agreeing or disagreeing opinion. Responding to father's question of why she resisted 50/50 custody, mother views the children as being in a stable routine for years between her home and the grandparent's home, and there is no reason to change it. Father said that he agreed that the routine and stability of schedule needs to be consistent between the homes and that he would cooperate in every way to make it work. Mother initiated conversation about the children's activities. Both parents found themselves agreeing to the current range of activities which includes scouts, band, football, church youth group. They further agreed that `last minute situations and notifications should be minimized, even though they might not be able to be avoided all together. Stecher/CustodyEval/Fields July 7, 2008 5 • i Upon the evaluator's asking, the parents said that the church referred to is Trinity United Methodist in Walnut Bottom. Christina "grew up there." Shannon's best friend Tricia attends there. Shannon has girl friends there, as contrasted to mostly boy friends in the school setting. The children are Acolytes. Christina has found a stimulating class for herself there. All of the adults support the children's activities, either by dropping the children off are attending. Mother shared her concerns about how Melissa treats the kids, ever since the incident of throwing something at Shannon in February, as well as the children's reluctance to ask their father important questions, such as why he chose to return to this area. Shannon has even commented that she doesn't really know her father. Father made every attempt to calm mother's fears, assuring her that the February incident would never be repeated and that the children have since been relating well to Melissa; he further gave examples of times and opportunities when he and the children talk alone, and these often include positive feedback for him; he will now, in fact, raise with them the matter of his returning to the area. Both parents agreed that they need to prepare for the time when medications for the children stop and behavioral self-management strategies take over completely. Mother even mentioned that the actual time seemed to be a short ways away for Shannon. Father doesn't view Shannon as needing medication, but both parents agree that at the present time Ian benefits from his meds. Mother accepts the doctor's diagnoses of attention deficit with hyperactivity for Shannon and attention deficit without hyperactivity and Asperger's for Ian. Father thinks Shannon does not have a diagnosis, that Ian is the hyperactive one, and that Ian needs to develop socialization skills but does not have Asperger's. The adults agreed that a primary parenting focus needs to be on helping Ian to develop social skills. Upon the evaluator's asking about an email that Shannon received at mother's home from a boy named Miles, the parents agreed that they have communicated and are monitoring those types of events together. Related to this is Shannon's statement that she would like to have a date at the school dances this coming year. The parents agree than these dances are after school events for a couple hours, that they should not involve a 'date' in that sense of the word, and that it one may expect certain peers to gravitate toward one another and to hang out at such an event. (The parents are able to agree on many basic parenting issues. Where the parents disagree, the evaluator's opinions are closer to what father has stated in terms of the children's diagnoses and his potential to enforce boundaries] PROBLEMATIC COMMUNICATION. 1. Exaggeration. Father and Melissa initially raised what they see as mother's inclination to severely exaggerate, if not outright lie, which can occur in front of the children. This was followed by Johnathan's mention in the Collateral Interview that Christina can 'stretch' the truth; for example, a few years ago she had told people that she was dating a movie star. Conjoint Interview. I used the illustration of Ian telling me that his mother is teaching him how to play the snare drum. This turned out to be an inaccurate example, as Mother advised that, Stecher/CustodyEval/Fields July 7, 2008 6 0 0 although she didn't play it as her primary instrument, as a percussionist she does have knowledge of the snare drum and can introduce Ian to the basics of playing it. Christina did acknowledge, "in the past I've said I'll do something and then totally back tracked." She also acknowledged "a tendency to exaggerate in the past." When asked by Brian if she had exaggerated to him her connections with famous persons in the past, she replied "yes". However she wants the children to understand nuances and situations, as well, and has talked to them about how certain statements that could be called "lies" are common; for example, at work, for a variety of reasons, a caller might be told that a certain person is unavailable when it's not true. On the matter of datin a movie star, there is an actor named ?airffd Butler, and Christina had dated someone named deny-Butler. Somehow in the course of various conversational exchanges between the children and adults, a now unclear process, these two names got identified with one another as if mother were dating the actor. 2. Anger. It is clear that mother is conflicted about present and past, and she was visibly upset about the above conversation as she left the evaluator's office. She had said to father, "We need to start from square one. I'm sick of fighting with you." Father said, 1 agree." Almost, in the same breath Christina was bringing the past into play, "I'm sick of you talking down to me.... Why did you stop calling the kids... ", and so forth. In the Collateral Interview. Johnathan had observed that, with regard to Brian and Christina as a couple, "She still experiences anger toward him and feelings of abandonment." Interpersonal Behavior Survey. This questionnaire is normally used as a measure of behavior in the general population. I ask the parents to substitute in the name of the other parent when reading the items to derive a relational measure of what occurs between them. There are also two scales (Denial, Impression management) that indicate if the responder is attempting to manipulate the opinion of the reviewer in a positive direction. Scores above T-60 or below T-40 are above and below average respectively. The validity scales for both parents are well within the average range. Mother self-reports as the verbally aggressive parent (EA-S, T71; GGR-S, T66) as compared to father (EA-S, T60; GGR-S, T-40). For example, she answered "false" to the following items: I try not to give Brian a hard time, I never deliberately hurt Brian's feelings. She answered "true" to the following item: I get mad easily at Brian. Mother apparently does not always keep her disparaging feelings to herself around the children. She said, "That's all that you do," when Ian drew a picture playing video games with his father. She also said, "I guess we have to make copies for your dad," when getting the children's report cards to show me. j l4 sf tA+?mf'it 7>zq ?`n X?YC For supporting data for the 'exaggeration' and 'anger' traits, the reader will also want to look at the Personal Trait Inventories section. 3. Perception. Mother has a propensity to be somewhat dramatic; for example, when playing a game with the children the dice rolled and hit her bare foot, and in a serious manner she yelled excessively loud saying how much it hurt. Similarly, mother may personalize ownership in the home; for example, she referred to the floor as "my floor' when asking Ian to pick-up and take some things up to his room. When talking about Ian and his future, mother referred to him as a "special needs" child and made a point to speak of his scout Den as the special needs group; Stecher/CustodyEval/Fields July 7, 2008 7 0 • the other two boys are autistic and severely ADHD respectively. Practically in the next breath, mother also offered that she has promised Ian a motorcycle. When I asked at what age, she hesitated when saying 18. There is also the potential to be overwhelmed by an emotional subject; for example, saying "everything°, rather than being discriminative, when I asked about the reason(s) why she and Brian couldn't get along. my jF 4. Argumentation. In his Collateral Interview Johnathan had referred to Brian's very reasoned -? e;) and logical way of approaching all of life's dilemmas and his reliance on verbal argumentation to A- win his point, perhaps not always with constructive recognition of his own or another's emotions. 4 ' The Personal Trait Inventories section did ? suggest the possibility of negative reactions to authority and aggressive argumentativeness. In the Conjoint Interview it was Brian's way to rather unemotionally set out the facts as he perceived them. 'J (Mother's communication modeling has the potential to be more confusing for the children to interpret Further, when she referred to Ian as "special needs" and in the next © ') breath talked about buying him a motorcycle, her judgment with regard to both the accuracy and congruency of those statements could be questioned. The phrase `special <Z' needs' is usually limited to children whose intelligence falls in the retardation range or whose adjustment is so impaired that they require specific school placements such as a class for the socially-ernodonally disturbed (SED) or for the neurologically impaired (NI).] -rHJ S 15 1AJA CCl..c'2f1_7T 4U 7"1 57°'16 03aF H16 ev :?-IV7Et_Ll[7C,ur, YE"r &FCfauSr_ oir rww_ RESIDENCE. S?'=rF}r Mother. The home is a brick townhouse which mother has rented for a number of years in the Roxbury Ridge area of Shippensburg. The grandparents live approximately three blocks away. The family has pets: a cat and a fish. There are no plans to move. Outdoors. There is a relatively small back yard that can accommodate light play. The complex includes two playgrounds that are frequently used. There was little traffic during my visit, and mother advised that children ride their bikes in the immediate area. Indoors. The rooms are comparatively small, three bedrooms and a bath upstairs, and living, cooking, and dining areas downstairs. There is a computer work-area in the living room. The home is cooled with window A/C. Father. Brian and Melissa have resided in the current residence since May, 2007. They are responsible for a mortgage. The home is a contemporary two-story brick dwelling with a full basement and garage. The family has pets: two dogs. There are no plans to move. Outdoors. The location is a relatively recent development in North Newton Hills on the outskirts of Newville. It sits on a quarter acre lot with a relatively small back yard area fenced-in. Traffic was practically non-existent during the evaluator's visit and seemed safe for an activity like riding bike. Indoors. The home is spacious and consists of four large bedrooms and two baths upstairs, and downstairs there are large living, kitchen, dining, and office areas, and a half bath. Although the basement is primarily used for storage, the children have a rather elaborate club house and puppet theatre down there which they constructed from card board. Stecher/CustodyEval/Fields July 7, 2008 8 Q [Although there are size differences in the physical environs, both homes can meet the children's basic needs.] PERSONAL HISTORY INTERVIEWS. Mother. Christina was adopted as an infant by Clifford and Verl Grim (see above). She has a younger brother Tim (33) who lives in Mechanicsburg whom she sees occasionally and talks with frequently. k' +~ She views her own parents' strengths as supporting school/education and church activities. She also recalls learning a lot from them about managing money and time, "but it only sunk in a couple years ago." One of the parental weaknesses was her mother's discipline style; until age 15 she paddled with a belt, swatter, and hand. "l don't know that it worked." Christina also .. describes herself as a person of a "touchy feely° nature, and she said, "That didn't happen much in our house." Christina has a BA in Communications from Messiah College. For the past two years she has worked as a Customer Service Specialist for the Orrstown Bank. She has "pretty much always oa worked, with some lag time in between jobs." Previous jobs were mostly with private practice attorneys where she had responsibilities for the work and management of the offices. Christina has a complicated health history. In April of 2007 she sought out and met her birth mother for better understanding of the family history. She was diagnosed with a depressive disorder at age 16 and has taken both Lexapro and Effexor to treat the condition. In the past two weeks she "went back on Effexor", 75mg. At the age of 21/22 she received treatment at the Roxbury Center. She said, "1 had become an alcoholic." Christina has not drunk alcohol for the past 15 years, and she still attends AA meetings approximately once per month. Past hospitalizations include surgery for an ovarian cyst and gastric bypass surgery (2/06) to treat a condition which caused a cycle of illness every few weeks; a positive side effect has been a weight loss of 120 pounds. Christina reports that she has to deal with carpal tunnel arthritic pain most days" and takes Tylenol due to an allergy to aspirin products. She also doesn't steep well most days, which may be due to low iron and vitamin B12 levels, which has created pica symptoms (chewing on non-edibles) which in her case takes the mild form of constantly chewing on ice chips. (Evaluator Observation: Mother did in fact chew constantly on ice during my visit.) Christina does not report any arrest record or history of drug use. On checklists, she did not endorse any extreme dysfunctional personality traits. She did endorse the following life- problems areas= family, time management, loneliness, job/career, legal/civil. Social interests and hobbies are varied. During her school years Christina was active in band, orchestra, chorus, and school musicals. She played the oboe and percussion instruments. She indulged a creative writing interest through the school newspaper, entered and won speech competitions, and gave one of the four commencement speeches at graduation- Current interests include reading, walking, writing, following hockey, and playing football with Ian. She is the Cub Scout Master of Pack 117, and she participates in training and the development of programs for the Frontier District, Boy Scouts of America Roundtable. She indicates that her religious beliefs are agnostic. Christina named friends as Nancy, whom she sees frequently and who helps her in the scouting program, and Missy, with whom she is in touch often, who lives in Philadelphia and whom she has known for 17 years. Stecher/CustodyEval/Fields July 7, 2008 9 • • Marital Break-up. Brian asked for the divorce in August 2002 and left the home in November. The divorce was finalized in October 2004. When asked about the reason for the separation, Christina said, "We didn't get along and he found someone else." About the reason for not getting along, she said, "Sort of everything." ?alyn Father. Brian is the son of Fields of Marysville, Pa. When he was age 4 his father died. Since the time that he was approximately age 7, his mother's significant other, Moms Lathrop, lived with the family. Brian has a younger brother Sam (age 30) who lives in Enola. They were last together on Christmas of 2007. There are family get-togethers on major holidays. When asked to name three strengths and three weaknesses of the parenting that he received, Brian recounted, "I'm not a fan of my childhood. I learned how not to live life." His mother worked day-shift and the `stepfather' night-shift. His 'stepfather' provided "guidance" but was "way too strict" and frequently punished by "punching" or hitting with a "belt or paddle." An example of emotional abuse was being called "worthless." There have never been any apologies for this behavior. Brian could only say of his mother that she was "more laid back," and that she "minimized," but recognized that the `stepfather's' behavior was "excessive." He said, "I have to admit, I'm still resentful. My brother has the same feelings as I do." Brian attended the Susquenita schools and considers himself to have been a "troubled youth." He "didn't pay attention" in class, and his mother "dragged me from therapist to psychiatrist to psychologist." Until probably about age 17, he was with many counselors who "threw up their hands." He recalls repeating a grade and attending an all-day outpatient program which included schooling. He was diagnosed with Attention Deficit Hyperactivity Disorder and took numerous medications, both stimulants and antidepressants, (Ritalin, Tofranil, Norpramin, Wellbutrin, etal.) which he has since terminated as an adult Despite these early life problems, Brian recalls having friends, although he did not participate in extracurricular activities. His one group affiliation was being "raised in Churches of God." As a hobby he enjoys Role Playing Games, and he is part of a group that meets at least a couple times per month. He named friends as John, whom he has known since 7th grade and whom he sees perhaps monthly, and Charlie who owns the game store and whom he sees weekly. He and Melissa do not have another couple with whom they socialize. Since 2003 Brian has been employed as a Web Developer with eDirect Publishing, which involves a 40 hour week working from his own home. His health is generally good except that he takes medications for high blood pressure and high cholesterol counts. He reports no arrest record. His only experience with street drugs was experimenting with pot years ago as a youth. On a cheddist Brian did not endorse any symptoms which interfere with life adjustment, such as depression or anxiety. He did not endorse any dysfunctional behavioral/personality traits. He did endorse several life problem areas: weight, managing time, habits, and health. Marital Break-up. Brian indicated, "We had grown separate." He "initiated" the divorce. He had "truthfulness issues" with Christina, particulad with regard to "finances." f 101,0 °t f E I ?.AA) ie (A C T. f c l t3 jL?1 b G ri4 k-€- w A S N' 7 I FEI PING-) L,&,7-/,, /a Fn,1? Yll 4'n) b e)F° CCI?g MAfz2iPrG?t, #e AIZIZ4,V -7WtlT" 0fdOeu MY c>Gt7? wlf?.7. AFTER ?fE St4lP € E to4-5 Melissa Cochran. Melissa is the daughter of Richard and Kay Cochran who separated when she was about age 10, and who now live in Dawson, Georgia and Phoenix, Arizona respectively. During her developmental years, she lived primarily with her mother and spent summers with her father. Both of her parents remarried, and stepmother Kathy and stepfather Stecher/CustodyEvaVFields July 7, 2008 10 Doug were both in her life within a year of the separation. Melissa recalls good family relationships. Sibling relationships include a younger sister Cheryl (37), a half-brother Richard, two step-brothers Ronald and Richard, and a step sister Rebecca. When reflecting on the strengths and weaknesses of her parents, Melissa recalled learning independence and self-sufficiency from her stepfather in the areas of car repair and money management. He also offered praise, and never bad-mouthed her mother. Also, she could talk easily with her mother who emphasized openness, honesty, and self-acceptance without shame. On the negative side, her father did not connect well with people and didn't take the time to know her, for example, he didn't invite Melissa to his wedding. Her mother had difficulty understanding the importance of certain events and memories; for example, she didn't realize how much it hurt not to offer transportation to Melissa to take a Christmas present to a boyfriend. Stepfather had a traditional view of male/female roles and in some respects "tried to change" her. Melissa's basic interest and hobby is reading; the subject matter could be anything but westerns and romance novels. She helped out in the Library as a student. In high school she was very "math oriented" and participated in clubs and competitions with that emphasis. Melissa does not have current group affiliations, but she recalls that her stepfather was a religious person, and the family attended Sunday School a lot. When asked about current friends, Melissa named her husband, someone named Lee who lives in California, and a June who is now deceased. She further said, °I have no friends in Pennsylvania. I'm not anti-social. I am a reader." Melissa has a BA from the University of Arizona. Since 2005 she has been employed as a Project Manager with eDirect Publishing; previous employers were Maximus and Earthlink. Her health is generally good; she takes medications for high blood pressure and cholesterol levels. She reports no arrest record and no history of experiences of abuse or trauma during her developmental years. She experimented with marijuana as a teen with other peers, but when they began to get involved with cocaine she stopped hanging-out with them. "Those things take away your intelligence." On a checklist Melissa did not endorse any symptoms which interfere with life adjustment, such as depression or anxiety. She did not endorse any dysfunctional behavioral/personality traits. She did endorse several life problem areas: weight, managing time, habits, and health. [Mother and father both apparently lacked the experience of emotionally sensitive parenting in the home of origin. One skill that stands out is mother's ability to reach out and establish social networks, whether treatment and support for alcohol problems, support from extended family, or in the form of community contacts and groups, and so forth.] PARENTING INTERVIEWS. Description of the Child Shannon Father Mother Melissa Energetic x Artistic/Creative x Loves to read x x Stecher/CustodyEval/Fields July 7, 2008 11 y 0 Description of the Child (cont.) Shannon Story teller SciFi and fantasy interests Some previous problems in school Creatively hyperactive Imaginative Very talkative Good communicator No fear, tries anything We both love roller coasters Independent Studious Loves to write Can be explosive and nasty like me Not a morning person Enjoys boys as friends Funny May cry if doesn't get own way Cool person who tries everything Read an essay at school Jump rope for Heart Assoc Helps with scouts Dancing on the school stage Ian More hyperactive than Shannon More withdrawn than Shannon Analytical mind Great in math Hands-on Loves video games Great fine motor coordination We put a dresser together Has multiple phobias Won"t buy bad guy transformers Won't watch Scary movies Very empathic, picks up on emotion quickly Eager to please, almost chameleon, subsumes his own wishes Quiet, can withdraw to avoid dealing with something Emotional, feels deeply My `cuddle buddy' Wants to be with family Gives hugs, good wards, love you's Typically says, "I'll help you." Very intelligent, `blows me away' Legos Father Mother x x x x x x x x x x x x x x x' x x x x x x x x x x x x x Stecher/CustodyEval/Fields July 7, 2008 0 Melissa x x x x 12 Description of the Child (cont) Ian Father Mother Melissa Very Intelligent (cont.) x Transformers Video games Goes with the flow x Very sensitive to hurting feelings x Sweet x Very smart x Technical brain power x Quickly solves complicated puzzles x Not focused x Funny, jokes come out of nowhere x Doesn't like to be told no x Quiet listener, takes everything in x ?/}tj 'S Affection. Father reports that both children are affectionate and Ian extremely so. Children and adults greet with hugs and kisses. Father will rub BAeWwfiead and hold Shannon's hand and put his arm around her. Mother confirms Ian's affectionate nature. He wants to be tucked in with hugs and kisses nightly. While Shannon enjoys affection, she is less assertive about seeking it out. Diagnoses and Behavior. According to mother Shannon was diagnosed with Attention Deficit Hyperactivity disorder at age 7, and Ian was diagnosed with Attention Deficit Disorder, without hyperactivity at age 7. He was also diagnosed two years ago with Asperger's disorder. Shannon's medication is Dexedrine (Dextro-amphetamine), 1 Omg in the AM and 5mg in the PM, and Ian's medication is Concerta (Methylphenidate HCI), 54mg in the a AM. Both children have been taking medications for about five years. They are treated by Dr. Srinivasa of Pinnacle ?? w= Health in Harrisburg. Mother supports the treatment that both children are receiving. Father has been to previous appointments and expressed his opinion that Ian benefits from the ? ,- medication and Shannon does not. The next appointment is in July. i? When asked about the Asperger's, mother said about Ian, "He can seeth." In school when he feels an angry episode coming on, Ian and his teachers have worked out a method whereby he a t asks to go out in the hall way. There was one major problem at school this year, Ian did hit a w4 peer with a stone after being picked on. At home he has fallen into tears, yelled, and thrown something like his game control. That might happen now every few months. Regarding Ian's conditions, Christina further advised that his birth was premature by three weeks, and he spent four days in the neonatal intensive care unit. Relationship: Melissa and Shannon. Melissa acknowledges that she and Shannon "have had problems." She couldn't seem to talk about Shannon without being critical of her mother. She Z views Shannon as "not evaluating" what her mother says, and defending her "illogically." Her mother has a pattern of lying, such as telling people that she is dating a movie star (2004). One 1-- time when Melissa tried to point this out to Shannon she stuck her fingers in her ears, and Melissa wound-up throwing something at her (now very much regretted). By themselves, Melissa and Shannon can do quite well: for example, Shannon will do what she is asked at home, they are painting a box for Shannon's room, and they recently picked out shorts together at the Old Navy store. Stecher/CustodyEval/Fields July 7, 2008 13 . ,,.. Relationship: Melissa and Ian. The relationship with Ian has been positive and relatively uncomplicated. Even so, Melissa said that Ian's propensity to hug and snuggle in the past has pretty much stopped, the implication being that the current custody tensions with his mother have something to do with that. [All of the adults are capable of rich descriptions of the children, and there is much essential agreement Both parents recognized some shortcomings to go along with mostly positives. Mother's identification of Asperger's with anger problems is not ?' correct; the DSM /V list of social interaction symptoms and stereotyped patterns of behavior does not include anger. Melissa was unable to engage in this descriptive exercise without being critical of mother.] Discipline/Boundaries Father Mother Teach responsibility: e.g., homework x Reinforce rules with reminders x Take dishes to counter Throw out your garbage Household Chores x x Keep room clean x Clean after self in bathroom x Pick up toys off the floor x Help with vacuuming x Put clothes in laundry x Keep walking space in room x Get the mail x Take out the garbage x Corporal Punishment. After recounting his own bad experiences, Brian said, "I'm strongly against laying hands on kids," and Christina said something very similar after recounting her own bad experiences. Brian has only allowed his own children to meet his 'step-dad' one time, whereas mother's parents, minus corporal punishment authority, are a constant support Brian acknowledged giving some "swats" before speech developed, but not afterwards. Grounding. Brian stated that Christina sees him as being excessive with grounding, but he is comfortable with his decisions. Mother did in fact tell me that she viewed, as excessive, father's grounding of tan for a week after throwing a stone when he was teased at school. She told Brian in an email, "A week is way too much. You're going to lose him over this." Collateral Interview. Johnathan advised that Brian could be immature and preoccupied prior to the separation. Mr. Stevens recalls an incident when he was visiting and actually walked out because the child was crying in the playpen and Brian wouldn't get up from the computer and get a bottle (mother was at work). On the other hand, he couldn't remember a time when Christina actuaily disciplined the children. In the matter of boundaries, he sees Christina needing to develop skills beyond simply repeating herself and becoming angry and yelling and then backing off quickly from sending them to their room or denying dessert. On another matter, if Shannon, for example, says that she doesn't like Melissa, he sees that as a reaction to someone who is more strict about making her listen. Also, he has seen Brian able to get Ian to talk and settle when the child becomes oppositional. s?c._..d ?sd?1 Ile. ry i { ??tr: vG.?d(S'F Stecher/CustodyEval/Fields July 7, 2008 14 , 4 . Mother's Update. The following responses from Christina both presuppose and transcend the accuracy of Johnathan's observations. She reports "realizing a few years ago" that she needed to go from an "angry screaming" approach to taking practical steps that were "short but intense." She begins with talking to the child about the incident, discussing why it happened, and then explaining and administering consequences. Examples are evenly but firmly telling Shannon that she can't kick or hit Ian just because he's singing or humming and she wants quiet, grounding Shannon for three days for walking with a friend all the way to the West End Mart and then lying to her about it, taking the computer from Shannon for two days for "losing" homework, and taking play station from Ian for two nights and requiring writing ten sentences for throwing the stone after being teased. The result has been that the children "actually come to talk to me now if they're feeling upset about something." She also indicated that the children are now at an age, of course, when they can reason a lot better. [Both parents are aware of the need to teach responsibility and both have knowledge of effective approaches to setting behavior boundaries. We have already seen in the Conjoint Interview section earlier in this report that father can offer an important component to the boundary setting responsibilities of parenting.] Schedule Father has a sufficiently flexible schedule to provide transportation for regular school hours and other activities. The school is twelve miles away. In his view, for that reason the children do not need day-care. At home, father is the cook and provides three meals daily. Rising during the week would be 6 to 6:30AM. Family activities include board or video games, "We all play Guitar Hero." Bedtime is at 9PM and Shannon may read before falling asleep. The family may watch a movie ahead of time. Mother rises and gets herself ready first She then gets the children up and makes sure that they have breakfast and take their coeds. The school agrees to use the bus stop by the grandparents' home to transport the children. Both children participate in the School Age Child Care program sponsored by Memorial Lutheran Church, and this will be Shannon's last year for it. The program is yearlong and in the summer the hours are 7:30AM to 4:30PM. Mother is at the GPs home anywhere from 5:15 to 6:00PM, and the family eats together. Afterwards they return home, and following evening activities and a review of homework everyone is in bed by 10PM. Evening activities may include computer games, playing outdoors, watching movies, going to the store, and so forth. At bedtime, brushing teeth is a must and Ian likes to have his door dosed with a night fight on. Shannon usually wants to read in bed but must be asleep by 11 PM. [Both parents are able to verbalize a reasonable schedule.] Future Plan. Father could see Shannon becoming a writer, and Ian might pursue a math field like computers, probably not having enough patience for science. He could see Shannon in a school chess club, and Ian will be playing football this summer. Shannon is in the school band, but he sees music interests remaining in mostly hobby form. He hopes both children will learn all they can; he was never able to learn by sitting and listening. He would love for them to have scholarships to college, but a parent has to help out as needed. StecherlCustodyEval/Fields July 7, 2008 15 ',5,.. • • Mother believes that "it's a given" that Shannon will go to college. Christina herself worked and had student loans/grants as she went through college, but at a certain time her parents paid off the loans without her knowledge, and she would do the same for her own children. She is aware that Shannon would get a further discount if she attends Shippensburg. With regard to activities she would like to see Shannon stay involved in band, acting, and chorus, and she has also expressed an interest in soccer. At age 14 she will be eligible for a co-ed scouting program called Adventure Crew; it would be great for self-esteem, building skills, and experiencing good adult leadership. Mother is not as sure about Ian and college, but she can see him in a technical field like mechanics, electronics, or computers. He is well on his way to being an Eagle Scout, and she can see him as a scout leader as an adult. Last night they talked football, and she believes that he needs team and socialization experiences. [Both parents were insightful, but mother was able to express herself with more breadth and detail.] CHILD PERCEPTION OF PARENT. Drawings. At each home the children were instructed to draw themselves doing something with each adult and then with the family as a whole. Shannon. Father's Home. Shannon drew a picture of herself and father sitting across from each other "Playing Chess." She then drew a picture of herself and Melissa standing next to each other "Going into Claire's" at the mall. She then drew a picture of herself and her mother sitting on the floor and facing each other "playing Harry Potter Sceneit° For her family scene, she left out the two (competing?) mother figures and pictured herself, Ian, and father sitting and "Eating Dinner." Shannon is sitting next to father. Mother's Home. Shannon drew herself at the computer and she and her mother are looking at a particular website called "IcanhasCheezburger.com". She is setting next to her father at a long table with other people in a picture labeled "Playing Dugeons and Dragons". She is sitting distantly in the back seat "Driv'n in da Car" with Melissa. And for the family picture, father and Melissa are not included, and she, Ian, and mom, are sitting at the movie theater "See'n Iron Man". Ian is sitting next to mother. [Overall, more effort went into the drawings at father's home in terms of detail and development We have evidence that Shannon, similar to her mother, has not as yet conceptually and emotionally incorporated Melissa into her total family percept However, the picture drawn with Melissa at father's suggests an acceptance not acknowledged in the picture at modme&] Ian. Father's Home. Ian drew himself and father walking next to each other "Mowing the Lawn." He then drew himself and his mother "Throwing the Football." He then drew himself and Melissa "Washing Windows," and everybody got a good laugh because that was a totally made-up scene. For his family drawing everyone, including both mother figures, is sitting around a table "Playing Trivial Pursuit fi . Melissa and father are sitting together, and Christina is between the children. Stecher/CustodyEvaVFields July 7, 2008 16 i Mother's Home. Ian drew himself and his mother "Watching TV". With his dad, he is "Playing Video Games." With Melissa he is "Vacuuming and Sweeping." In the family picture, all family members are sitting around a table "Playing Clue," but he could not tell me who was whom. [Again, overall, more effort went into the drawings at father's home in terns of detail and development. We have evidence that Ian has conceptually and emotionally incorporated Melissa into his total family percept and that this is clearer to him at father's home.] Interview: Situations were presented to the children beginning with stems like, "Out of all of the adults whom would you ask to...... (or) to whom would you go for...... (or) who would do the best job at......... The child could choose one or as many of the adults as he/she wished. Examples would be, "If you had questions about God, who would you talk to?" or "Who would you want to keep your pet if you went away to camp." The child was also asked to select from one of the following four choices: live primarily with mother, live primarily with father, live equal time with both parents, let the adults decide. Shannon. Father's Home. From 16 situations mother was chosen each time, and father was selected, as well, for the following two: supervising homework and helping the child to feel comfortable with strangers. Mother's Home. From 16 additional situations mother was chosen 12 times, and father was selected for none. However, grandfather was selected for nine situations and grandmother once. None of the adults were selected for the ability to accept criticism well. Further, in both homes, Shannon chose living with her mother most of the time as her preference. Ian. Fathers Home. From 16 situations mother was chosen each time, and father was selected, as well, for one: helping the child to feel comfortable with strangers. Mother's Home. From an additional16 situations mother was chosen 14 times, and father was selected for none. Grandfather was selected twice. Stepmother was selected once for her ability to stay calm in an argument. None were selected for the ability to accept criticism well. Further, in father's home, Ian endorsed an equal time living arrangement, and in mother's home he endorsed living with mother most of the time. [Mother seems to be the overwhelming choice for daily parenting decisions, but we see that the grandparents play a large role in the children's minds, as well. Ian comes under the influence of each parent for his riving preference, while Shannon sustains a loyalty to her mother.] PERSONAL TRAIT INVENTORIES. Stecher/CustodyEval/Fields July 7, 2008 17 Minnesota Multiphaisic Personality Inventory-2. Among psychologists, this is the most frequently used measure of personal traits. The norms are based on a random sample of the general population. The test also contains validity scales which measure a person's tendency to answer defensively or openly to questions which might put him or her in a bad light. The L- scale measures impression management, and evidences the inability to acknowledge common behavioral shortcomings; a high score may indicate that a person sees himself as very virtuous, or it may represent a deliberate attempt to mislead others or to influence others out of fear of being judged. Typical items would be: I do not always tell the truth, I get angry sometimes. The K-scale measures a more subtle psychological guardedness about self-revelation, a type of self- deceptive enhancement; and a high score can strongly be influenced by intelligence and education. A T-65 score (1.5 standard deviations, 90"' percentile) is considered significant for all scales. Father's validity scores were well within the average range. None of the clinical scales were elevated. A few adjunct scales suggest that he may be overly reactive to someone else's attempt to impose authority (asb, T65; PD2, T70; FAM2, T68; ASP2, T79). Mother's validity scores were also well within the average range. She had two clinical scale elevations: Pa (T67) and Ma (T69), suggest excessive interpersonal sensitivities and low trust levels and poorly organized high energy levels. For example, she answered false' to the following item: I am usually calm and not easily upset. The non-clinical adjunct scales suggest 'hypomanic activation' (hpm, T69), a need to be in the authority/dominance role (Do, T70), and a tendency toward poor self-constraint (DISC, T66). At the same time her score for being socially comfortable and outgoing falls in the top 2% (Si, T30). We saw that in her self-report information. Melissa's validity scores were also well within the average range. None of the clinical scales were elevated. Certain adjunct scale elevations suggest a tendency to be emotionally uncommunicative (R, T67) and socially avoidant (Si2, T72; SOD, T68; SOD1, T67). We saw that in her self-report information. [When with mother the children appear to be faced with interpreting a more confusing presentation of personality traits.] Millon Clinical Multiaxial Inventory-1. This measure targets personality disorders specifically, along with some symptom patterns, and is based on clinician judgments in patient settings. There is a weighting factor to rule out extreme defensiveness. Members of the general population who take the test tend to endorse a high number of items on the 4 (histrionic), 5 (narcissistic), 6 (antisocial), and 7 (compulsive) scales almost routinely, but very extreme scores can still be informative. Other elevations are more unusual for a custody population. I use the first version of this test because there are some general population norms for it, and the most recent version (MCMI-3) has been shown to have prominent gender biases when used with a general population group. When scoring, an elevation of BR 75-84 is considered suggestive and 85 or above is considered characteristic of disordered behavior. Father answered in a mildly defensive manner but still had an elevation on Scale 6 of BR81, perhaps reflecting the same 'authority' resistance found on the MMPL Descriptive terms can include determined, independent, argumentative, and insensitivity to others. Stecher/CustodyEval/Fields July 7, 2008 18 Mother responded non-defensively, and her answers resulted in the following elevations: Scale 5, BR115; Scale 4, BR93; Scale 6, BR85. The three scale combination suggests that she experiences very strong self-centered needs (5) that are satisfied with a socially aggressive approach for attention and reinforcement (4) which can be insensitive to the needs of others (6). Melissa had no scale elevations, but she answered in a moderately defensive manner; her highest scores were on Scales 6, 7, 5 in'that order. This configuration suggests that insensitivity to the needs of others (6) could be expressed through forcing them into the mold of one's own sense of appropriate order and control (7) to feel good about one's own priorities (5). An example would be Melissa's 'hard line' approach to lying behavior. [Again, when with mother the children appear to be faced with interpreting a more confusing presentation of personality traits.] STRUCTURED PARENTING QUESTIONNAIRES Pre-Separation Parenting Questionnaire. Both parents responded to 50 items of parenting behavior ranging from planning and preparing meals to playing games with the child to attending to medical needs, to planning family activities. The responses of each parent indicated who he/she deemed to be the one who either was mostly responsible or did his/her fair share. "Both" or "neither" or "other" were a possible response. Even in custody cases, one parent usually gives the other credit at least 20-40% of the time. Results. The parents agreed on their responses 60% of the time. Mother rated herself as being mostly responsible for 97% of the tasks, with father doing his fair share 361/6 of the time. Father rated himself as being mostly responsible for 60% of the tasks and gave mother credit for doing her fair share 67% of the time. The parents were in agreement that mother handled the following tasks: bathing, changing diapers, toilet training, teaching grooming, purchasing clothes, cleaning clothes, providing comfort, talking with the child about daily stuff, being a good listener, more times of plc interaction, demonstrating love with actions, knowing names of child's friends, handling problems with friends, arranging time with friends, taking to church, arranging for sitter care, getting up in the middle of the night. The parents agreed that both did at least a fair share amount of the following tasks: planning and preparing meals, handling problems between siblings, demonstrating love with words, playing inside games and watching TV with the children, providing transportation, attending the child's community functions, being reliable about keeping appointments, teaching the child about loving relationships, and planning family activities. [The level of agreement on parenting tasks is generally higher than one finds in most custody cases Father is the more generous rater. We have seen elsewhere that mother maintains a considerable amount of anger and resentmwK which has possibly influenced her perceptions.] Parenting Behavior Rating Scale. This instrument was formulated by the evaluator and is a measure of abstract parenting judgment. It consists of 30 scenarios where the parent responds to child behavior with a judgment/decision. The custody adults then rate the parents' reactions along a poor-fair-good-excellent scale from 1 to 7. The ratings of the custody adults for each Stecher/CustodyEval/Fields July 7, 2008 19 item are compared to the average rating of a group of ten professionals who had years of experience of working with families and children. Across a ten year period, the ratings of the professionals are shown to agree with the ratings of 185 custody parents 90% of the time when two broad choices are given: poor-fair // good- excellent. In a group of 50 cases, when the parent with a higher PBRS Total-score was favored by the full range of evaluation data, there was an average Total-score difference between the parents of .2 1, as compared to .13 (one standard deviation is .20) when the parent with the lower score was favored by the full range of evaluation data. The following scores (percentages) are calculated: 304tem, Flexibility (5-items), Caution (4- items), Non-harsh Discipline (4-items), 13-Item FCD, and Total: 30-Item + 13-Item. An average (68% of the total population) parent's Total score falls in the range of 1.30 to 1.70. To illustrate how this instrument works: (1) All three adults agree with the professionals that the following scenario represents poor parenting: 10yr old Jimmy swears and curses when he doesn't get his own way. After scolding and taking privileges doesn't work, the parents use the old stand by of putting pepper in his mouth. (2) All three adults agree with the professionals that the following scenario represents good parenting: 10yr old Vance, a boy, is interested in ballet lessons, and 13yr old Jacquie, a girl, is interested in auto mechanics. The parents feel somewhat uncomfortable, but they provide opportunities that support the interests. Results. 30-Item Flexibility Caution Disc FCD-13 30-13 Total Father .80 1.00 .75 .50 .76 1.56 Mother .93 1.00 1.00 .75 .92 1.85 Melissa .83 1.00 .75 .75 .89 1.67 Mother's Total score falls in the above average range, and father's and Melissa's Total score each falls in the higher range of average. For Children 10 thru 15 years of age, father agreed with the professionals 10 of 12 times, mother agreed with the professionals 11 of 12 times, and Melissa agreed with the professionals 11 of 12 times. [it appears that solid potential for good parenting judgment is found in both homes. Mother's judgment is somewhat favored on this instrument] UNSTRUCTURED OBSERVATION: Mother's Home. Ian's Room is carpeted and has a single window with blinds, curtains, and an A/C unit. There is a single bed with a striped bed spread that matches the curtains and sheets/pillow case with a fish/dolphin design. There is a double closet, chest of drawers, and two open shehring units. Other items include a variety of toys, CD/radio, stuffed animals, and a snare drum. Ian initially spent a substantial amount of time lessening the clutter by picking up various toy items and putting them in a cardboard box. He then talked the evaluator into lifting the box and putting it in the closet for him. Ian engaged in a steady stream of conversation as he demonstrated a huge Transformer and talked about a broken toys box (one item in it), an airplane, and a replica of the Declaration of Independence. He also noted that his mother used to play the drums and was or would be teaching him how to play the snare drum. He also mentioned taking a portable Nintendo back and forth between the parental homes. Stecher/CustodyEval/Fields July 7, 2008 20 Shannon's Room was quite cluttered in appearance. It is carpeted and has a single window with blinds, curtains, and an A/C unit. There are two prominent pictures of the children and their father. She made a point of saying that the quilt on her bed was from Hershey hospital, telling me, "After dad left I wasn't doing so well." Other room features are a double closet, two chest of drawers, boxes stacked for storage, and shelving. Various items in the room included a Harry Potter book lying on the floor, CD/radio player, a globe, Hershey Bears mascot hat, name signs made in wood-shop at school, and shelves of miscellaneous acquisitions. Wall hangings included a dog poster, various articles cut out of the newspaper, a Dragon Species poster, and a Pirates of the Caribbean poster, and Scarlet Pimpernel items. Shannon engaged in a steady stream of conversation about various items in her room. She spoke about her participation in the D.A.R.E. program and her winning essay, and she got out a notebook and certificate to show me. She got out a school publication which contained two of her poems, "Life Tree" and "Paths", showed me two pages of avatars which she made of friends at school and a birthday card from her friend Jake and other birthday presents and drawings which she bought from a sale to help pay for church debts. There was also a pillow made in her Family Consumer Science class as well as a detailed map of the U.S. with capitols, mountain ranges, and the Oregon Trail. There was also a human anatomy book. Almost 2' x 3' in size, and she said, "I wanted to be a doctor". Also, she made a point of showing me a portable DVD which her aunt. p t, 4 ,I ; .. 4, I' i 5 s y 4_t, . "; Family Interaction. Breakfast had been completed when I arrived. The children were comfortable showing me their rooms and talking. They entertained themselves in their rooms during mother's interview, there may have been one minor verbal squabble. Parent and children enjoyed each other's company, and for the most part the interaction was positive and reinforcing. See also the comments under the Structured Observation: Ungame section. UNSTRUCTURED OBSERVATION: Father's Home. Ian's Room has a single window with a roll-up blinds. The room is carpeted and has a double closet. Furnishings consist of a single bed, chest of drawers, shelving, plastic stacked drawers, a small table, and a contemporary rocker. The design on the sheets and pillow case was military camouflage with military vehicles and insignias on the bedspread. Various items in the room included a dock, radio/CD player, portable Nintendo, race track, stuffed lion, and a . number of projects, mostly vehicles, constructed from legos. Wall hangings included Pinewood Derby certificates, a Shrek poster, dog picture, and a dragon poster. The room was adequately organized with a minimum amount of clutter. Ian engaged in a flow of conversation about his walkie-talkies, his lego projects, and about how his "Pop Pop" helped him make the Derby racer. Further, he played a portion of his 'Tales of Unfortunate Events" CD and commented on it. Shannon's Room has a large double window that has shear curtains with a flower design. The room is carpeted and has a double closet, and furnishings consist of a single bed under a shear canopy which hangs from the ceiling, a dock, chest of drawers, stacked plastic drawers, shelving, a bean-bag chair, phone, lamp stand, and radio/CD player. The bedspread, sheets, and pillow case had color combinations of purples, blues, and greens without specific design. Other items in the room included stuffed animals, a Harry Potter Chess set, books (particularly a series called 'Incarnation'), a collection of sea animals, and a trumpettcoronet. Wall hangings included a framed water color, a framed Winnie the Pooh, and a Spiderman poster. Stecher/CustodyEval/Fields July 7, 2008 21 The room was far from neat, with no apparent attempt to make it look okay in advance of the evaluator's visit; clothes were hanging out of drawers and laying on the bed, which was not made, and shelves were cluttered. Shannon spent a good amount of time talking to me about how her MP4 worked, a device with ear phones which plays music, displays movies and photographs, and makes voice recordings. Family Interaction. When I arrived the children were eating breakfast. They were initially mildly oppositional with their remarks to the parents, especially Shannon, and the adults handled these circumstances with a calm even manner; there were no prolonged or rancorous episodes of defiance. The children took an interest in showing their rooms to me and easily chatted in response to my questions. During the adult interviews they spent most of the time in their rooms, and the parents joined them in playing games or watching TV. There was no arguing or squabbling between the children. When father eventually indicated that he wanted to prepare lunch, Melissa completed her interview with me in the office area. See also the comments under the Structured Observation: Ungame section. [The evaluator is impressed tha4 in mother's home, the children openly display pictures of themselves with the other parent That is not seen/allowed very often in custody home visits. The children were comfortable with their rooms. Shannon was more animated in interacting with her room at mother's home. ] STRUCTURED OBSERVATION: Ungame. The Ungame activity is a non-competitive board game which promotes family conversation in the form of both comments and questions. Father's Home. The camaraderie was positive with a lot of laughter. There was a spontaneous family decision to roll the dice to see who would go first. The children tended to interrupt, and the parents did not always set a boundary, picking their moments, but the children did respond appropriately when reminded to settle down. Both children participated creatively. Shannon was very animated and talkative. She was not out of control, but she treated the event, so to speak, like a structured party. Some of her remarks were directed toward Melissa, humorous and mildly critical. Ian participated with humor, interest, and adequate attention, but he was very restless and seldom remained still in his chair. Father. In response to various game prompts Brian said that he felt challenged at work to decipher a particular program, denied any recent fearful experiences, said that he would react to embarrassment with a joke, offered that the important things in life to him were family, work, his computer hobbies, and being successful, together with Melissa toll Ian that he had been grounded from electronic games for a week not for what he did but because he lied about it, and said that if he has a choice to be alone he feels peaceful and enjoys the moments, but he would be lonely if he didn't have a choice. Shannon described the physical structure of her church, answered Melissa that philosophy had to do with `ideas," said "riot fair" to Melissa's explanation of ostracism as punishment for lying, said that she would like to eat string cheese with the TV star Mick St. John, remembered an embarrassing moment of falling off of a chair on stage during a school assembly program, commented that her humor helped take Melissa's stress away, talked about a pet fish at her mother's home, said that she would respond to criticism by anyone except her dad by getting Stecher/CustodyEval/Fields July 7, 2008 22 mad and giving a retort, spoke of liking Day Care because of the friends that she's made, would take a sailboat to Ireland, and said that in ten years she would look like a 22 year old. Ian answered Melissa that he was not glad to be out of school, said that he felt challenged by social studies, said that he was thankful for family, life, and friends, and he named Isaac at school, mentioned cleaning his room as a chore, said that his reaction to being alone was the same as his dad's, admitted to lying about throwing a stone at a peer who was teasing him, felt relaxed enough to go to the beach, denied being worried about anything, and asked his sister if she was impatient. Melissa indicated that her favorite school subject was philosophy, offered that a good law for people to live by would be 'no more lies' and that the punishment should be ostracism, denied currently feeling stressed and that humor relieves stress, admitted to getting cranky and snippy when things don't go her way, would like to go on some kind of three day week-end for her birthday, said that getting hungry was making her impatient, and observed that it was cool for father and Ian to have the same reaction to being alone. Mother's Home. The family decided to play the game on the floor of the living room, and they rolled to see who would go first. The children were at least mildly difficult to settle during this activity, tending to be quite silly ("I'll take a sailboat to Memorial Park.") and disruptive verbally, grabbing game cards, and so forth. Mother found herself frequently saying, "Come on now, get serious", and they eventually did. Ian was initially defiant of his mother's request not to play with a 'transformer' at the same time as the game, but he eventually relented. He was also very physically interactive with his mother, spontaneously seeking out hugs quite a few times and engaging in shoulder blocks as if he were a lineman on a football field. Even so, the game proceeded relatively smoothly with good natured participation from all. In response to various game cues Shannon told her mother that she would like to be able to have a date for a school dance next year, denied impatience saying, "1'm important not impatienti', denied feeling alone, denied feeling peaceful and didn't take the chance to go to the beach, said that family was important to her ("not including Melissa"), said that friends were 4 ' important to her, and she named Mi SO Jake at school and Cherokee and Dustin in the y neighborhood, admitted to her mother that sent an email saying that he liked her, could not think of anything that she wanted for her next birthday, spoke of an experience in school when she told a bullying classmate to stop picking on an MR classmate, and reported him, said a friend at church gave her a pet fish, and responded to mother's question about what she would like to do for a whole day, saying, "put Ian and Melissa in a blender, no go to Hershey Park." Ian said that he was thankful for his home, denied feelings of being challenged by anything, like his sister chose not to endorse peacefulness and go to the beach, said that he becomes angry and walks away when criticized, asked his mother when she feels relaxed, admitted to his mother that he 'cried' when he didn't get his own way, denied having any fears, asked his mother what she did when they went to `daddy's house', toward the end said that he was impatient about getting the game over, mentioned that he would like to have super-hearing like Daredevil the Marvel Hero, called football and scout camps awesome because he likes to be around people ("except daddy, he's annoying"), and told his mother that if he could take one person to school with him it would be her. Mother asked Shannon to say one thing that she wanted to happen in school this coming year, asked Shannon what she would like to do for a whole day, said that her biggest challenge is trying to work with someone-she-can't stand, denied feeling impatient, asked Ian how he really Stecher/CustodyEvaUFelds July 7, 2008 23 ? , I 't , b 1- 0 0 felt about going to football and scout camps, said that as a child she wasn't allowed to hang things on the walls of her room and did homework in the living room because her desk was too crowded, defined love as putting up with someone's quirks no matter what, didn't see herself as changing much in the next ten years, asked Shannon if she got a special email from Miles, said that when the kids were with dad she saw friends and her parents, read, and watched movies, admitted to worry "about this whole thing„ (custody) but her friend Bob told her that it would work out, and asked Ian whom he would take to school for one day if he could. [The exchanges were somewhat richer in content, breadth and detail at mother's home. The children demonstrated better self-control at father's home. At father's Shannon demonstrated the capacity to see positives in her relationship with father and Melissa. The children were more emotionally extreme at mother's home, both in terns of affection (going toward) and resistant behavior (pulling away). The children threw in critical zingers of fathedUelissa, and Shannon of Ian, when at mother's home.] SUMMARY. The reader will recall from the introductory section that the evaluator hopes to find an effective combination of parent/child skills for building a loving relationship, exercising firm but kind authority, supporting positive peer associations, encouraging interests and goals, and modeling positive coping and problem-solving skills. The reader can view the report in summary either by re-reading the bold print italicized sections or by consulting the following chart which uses an X to indicate which parent dearly evidences the greater strengths in a given parenting skill-set. The categories are listed from indirect to direct and from subjective to objective indicators of parenting ability. +/- may be used for the contribution of a parent-partner if considered significantly influential. Ca o 1. Residence 2. Self-Report Personal History Family of Origin Parenting Educational model Vocational model Social Networking model 3. Self-Report: Parenting Child Description Daily Schedule Discipline/Boundaries Future plan 5. Child Perception of Parent Drawings Interview Mother Father Melissa X - X X X X Stecher/CustodyEvaVFields July 7, 2008 24 1 %, a1 . A? Category Mother Father Melissa 6. Standardized Tests: Personal Traits model MMPI-2 X + MCMI-1 X - 7. Parenting Questionnaires Parent Relationship model X Pre-Separation Parenting Q X PBRS X + 8. Observation Communication model X Co-parenting Communication X Unstructured Interaction Structured Interaction • 3EHA'f+o? X Ian's Room Shannon's Room X Str u & tU.1111 d 1,rI C opt- L/s a h ?r Overview. The above parenting skill-sets overall favor father, but that doesn't mean that the parenting skill differences are of a large magnitude, nor does it mean that father's prolonged minimal contact with the children has not had a major effect on family member thoughts, feelings, and attitudes. STATUTORY GUIDELINES: Domestic Relations (Title 23): Children and Minors, Chapter 53: 5303. Award of custody, partial custody or visitation. (a) General rule.-In making an order for custody, partial custody or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the non-custodial parent and the child. In addition, the court shall consider each parent and adult household member's present and past violent or abusive conduct which may include, but is not limited to, abusive conduct as defined under the act of October 7, 1976 (P.L.1090, ,/ No.218), known as the Protection From Abuse Act. `;1 ``l uA J S ,A 0- D Evaluator Observation. At the present time, father is the parent most likely to encourage liberal contact between the children and the other parent. Over time it is this evaluator's opinion that mother's reticence will subside, as father 'proves" himself. Neither parent engages in abusive behaviors toward the children. nJC K_1 DS CALL `RIE)- FF}7?kClt, wrte,u Ar fAk/ p7jWt . 'tPC`/ Do A-'16T- t._ CL CONCLUSIONS. Conclusions in this report have been drawn with a significant degree of SI?A?1tiJanJ fiAs certainty using methods common to the art and science of psychology. S?nPf' ? C:---Aida. "I t ti. (1) Although father's return to the area has now been over a year, the richness, breadth, and be cAus',,(i W?;t. detail of the parentlchild exchanges has not yet reached the level found in mother's home. ik6,s7s 0lu ,Avp, (0) A (2) There is no evidence that father's return to the area has hindered the children's school and ou, p- c - ty)d,L community adjustment. (3) The children will benefit from a more time intensive contribution from father in the areas of responsibility for homework, boundary setting, and behavioral management. Stecher/CustodyEval/Fields July 7, 2008 25 Eu ne N. Stecher, M.A. PA Licensed Psychologist 5074-L Court Appointed Custody Evaluator DP, kw/ 0 (4) Mother continues to carry the burden of heavy resentment and anger toward father for 'abandoning' the family, and the children's reactions come under that influence. (5) Both parents support the full range of the children's personal interests and hobbies, school, community, and church activities. (6) There is a sufficient number of potentially confusing impressions for the children in mother's environment to require balance by father's environment. (7) It would be useful for the parents to consult at least one other professional about the children to obtain opinions about self-management plans, diagnoses, and medications. RECOMMENDATIONS. (1) Joint legal and residential custody, with an alternating weekly schedule, the exchange being Sunday evening, or any other relatively "equal" schedule that is acceptable to both parents, with free access to the other parent by phone and/or email. (2) Individual counseling for mother to help her express and resolve her frustrations and anger, particularly with father, some of which may be increased by the conclusions of this report. (3) Seek a second psychiatric opinion about the children's diagnoses and medications. (4) Work together, or with a psychologist/counselor, to develop self-management plans for the children that can be implemented equally in each home. (5) Meet once a month with a co-parent counselor to discuss on-going issues of parenting. Stecher/CustodyEvaVFields July 7, 2008 26 A IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CHRISTINA FIELDS, PETITIONER V. Docket No. BRIAN FIELDS, IN CUSTO RESPONDENT RULE TO SHOW CAUSE 2007-271 ca >? Gp - 1 ? l AND NOW, this day of ath tom. , 2010 , upon consideration of the forgoing petition, A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent shall file an answer to the Petition within twenty (20) days of this date; 3. The Petition shall be decided under Pa.R.C.P. No. 206.7; 4. Argument shall be held , 5. Notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT: 'e'x- J'27--" • • • Distribution List: Edmund "Tad" Berger, Esq. 2104 Market Street, Camp Hill, PA 17011 Jennifer L. Spears, Esq.10 East High Street, Carlisle, PA 17013 • • Aft IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CHRISTINA FIELDS, PETITIONER V. BRIAN FIELDS, RESPONDENT 0 Docket No. 2007-274 -c IN CUSTODY PETITION TO TRANSFER CUSTODY PROCEEDINGS UNDER Pa.R.C.P. No. 1915.2(c) a Qr- o A Ir 1?7 C:)(:) v w .? '< r co T 1. Petitioner is Christina Fields, who resides at 116 W. King Street, Shippensburg, PA 17257. 2. Respondent is Brian L. Fields, who resides at 116 Sir William Drive, Newville, PA 17241. 3. Petitioner and Respondent are the natural parents of the following children: Name Date of Birth Age Shannon M. Fields 6/21/1996 13 Ian M. Fields 10/31/1997 12 4. Petitioner and Respondent currently have shared legal and physical custody of the children pursuant to a custody order entered November 26, 2008 by Judge Walsh of the Court of Common Pleas of Franklin County. • • 5. Petitioner is seeking to modify that order, and requests that pursuant to Pa. R. C. P. 1915.2(c), the case be transferred to Cumberland County as the more appropriate forum, as all parties to the petition now reside in that County. WHEREFORE, Petitioner requests that the Court transfer the case to Cumberland County and have the prothonotary of Franklin County forward certified copies of the docket entries, process, pleadings and other papers filed in the action to the prothonotary of Cumberland County. March 12, 2010 Edmund J. Berger ? Attorney for Petitioner BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 PROTHONOTARY FRANKLIN IOUNTY P,1 7006 SEP 2 ?I P 3: 3 3 LINDA L. BE ;RD PROTHONOTARY GE'= U 1 ';?`?cs IN THE COURT OF `CO M N PUL .O Off`TW 30T" JVMCIAL DI SMCT OF PENI YLVANIA4RAMa WUNT'Y BIR CH BRIAN L. FltCIVIL ACTION-LAW vs. NO. 2007-2742 CMUSTINA V., FU"S, September 23, 2008, this matter having come on before the Court for a full evidentiary hearing, and having considered all of the evidence including the testimony of the parties and their witnesses and their documents, the arguments of counsel, the best interests of the children and the law, IT IS HEREBY ORDERED AS FOLLOWS: 1. Legal Custody: Mother and Father shall have shared legal custody of their minor children, Shannon M. Fields, born June 21, 1996 ("Shannon"), and Ian M. Fields, born October 31, 1997 ("Ian") (collectively the "children"). Major, non- emergency decisions concerning the children, including but not necessarily limited to, the children's health, welfare, education and religious training shall be made by them jointly, after discussion and consultation with each other, with a Fields v. Fields No. 2007-2742 Order of Court Page 2 view towards obtaining and following a harmonious policy in the children's best interests. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with him or her as soon as practical. In accordance with 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, and the resident address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties shall share physical custody on a week on/week off basis with custody exchanges to take place each Friday after school or not later than 5:00 p.m. on those Fridays when there is no school. 3. Telephone: In the spirit of being an accommodating parent with a nurturing obligation to encourage the children's relationship with the other parent, both parents shall allow reasonable telephone contact between the children and the out- of-custody parent and no reasonable request by a child or a parent for a telephone conversation shall be unreasonably denied. • 4. Transportation: The parties shall share transportation, if necessary. It is noted Fields v. Fields • No. 2007-2742 Order of Court Page 3 that Father has offered to and should provide necessary transportation as necessary to school and from school including to and from maternal grandparents' home as the parties may from time to time agree. 5. Christmas Holiday: Christmas shall be divided into two segments. Segment 1 shall be from December 24th at 1:00 p.m. through December 25th at 1:00 p.m. Segment 2 shall be from December 25th at 1:00 p.m. through December 26th at 1:00 p.m. Mother shall have custody of the children for Segment 1 in even numbered years and Segment 2 in odd numbered years. Father shall have custody of the children for Segment 1 in odd numbered years and Segment 2 in even numbered years. 6. Thanksgiving: Thanksgiving shall be divided into two segments. Segment 1 shall extend from 3:00 p.m. on the Wednesday before Thanksgiving until 3:00 p.m. on the Friday following Thanksgiving. Segment 2 shall extend from 3:00 p.m. on the Friday following Thanksgiving through 3:00 p.m. on the Sunday following Thanksgiving. Father shall have custody of the children for Segment 1 in even numbered years and Segment 2 in odd numbered years. Mother shall have custody of the children for Segment 1 in odd numbered years and Segment 2 in even numbered years. 7. Mother's Day and Father's Day: Mother shall have custody on Mother's Day and Father shall have custody on Father's Day, commencing at 12:00 Noon and ending at 8:00 p.m. 8. Parents' Birthdays: The parents shall cooperate in allowing the children to ^ 0 • Fields v. Fields No. 2007-2742 Order of Court Page 4 spend a reasonable time with each parent on that parent's birthday so that the children can go to dinner or some other activity with the parent having the birthday. 9. Other Holidays: Except for Thanksgiving and Christmas, the parent having physical custody for the week during which a holiday occurs shall have custody for that holiday. 10. Summer Vacation from School: The one week on/one week off schedule shall remain in effect through the summer vacation except for adjustments as the parents may from time to time allow for special trips and for time with the other parent. 11. The Children's Maternal Grandparents: Because the children have established a meaningful bond with Mother's parents, the parties shall make accommodations to provide that the children continue to nurture their bonds with their maternal grandparents. This may include, but is not necessarily limited to, permitting the children to continue to go to their maternal grandparents' home after school even when they are in the custody of their Father, provided circumstances so warrant. 12. Cooperation and Non-Disparagement: The parties shall, from time to time, agree to other changes or modifications to the custody schedule as may be necessary in order to enable both parents to continue to foster and develop a good and healthy relationship with the children. The parties shall cooperate with one another to encourage the children's relationship with the other parent and shall .a • • Fields v. Fields No. 2007-2742 Order of Court Page 5 refrain from any and all conduct, activity or communication which would adversely affect the children's relationship with either parent. Neither parry shall make disparaging comments about the other in front of the children nor will they permit any other relative or person to do so. 13. Medications: During any period of physical custody, the parent having custody shall be responsible for assuring that the children take prescribed medications as prescribed. Pursuant to the requirements of Pa. R.C.P. 236 (a)(2), (b), (d), the Prothonotary shall immediately give written notice of the entry of this Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notice and the time and manner thereof. By the Court, J. Prothonotary shall give notice to: ifer L. Spears, Esq., Counsel for Plaintiff/Father H. Patterson, Esq., Counsel for Defendant/Mother PROTHONOTARY FRA' NKLEN COUNTY PA X000 SEP -a A 2: 24 LINDA L. BEARD PROTHONOTARY Der UTY IN THE COURT OF COMMON PLEAS OF THE 33T" "ICIAL 1 TRICT Off' PENNSYLVANIA-FRANKLIN COUNTY BRANCH BOA14 L. FIELDS, I Plaintiff vs. CI fUSTINA V. FIELDS, CIVIL ACTION-LAW NO, 2007-2742 CUSTWY ORAUR OF COUNT August 2 ! , 2008, this Court having taken testimony over two days on Thursday, August 7, 2008 and Wednesday, August 27, 2008 upon the Complaint of Brian Fields for custody and having considered the evidence, the testimony, the arguments of counsel and the law, IT IS HEREBY ORDERED AS FOLLOWS: 1. Legal Custody: The parties shall share legal custody. 2. Physical Custody: The parties shall share physical custody on a week on/week off basis with custody exchanges to take place each Friday after school or not later than 5:00 p.m. on those Fridays when there is no school. 3. Transportation: The parties shall share transportation, if necessary. It is noted that Father has offered to and should provide necessary transportation as t . E Fields v. Fields • No. 2007-2742 Order of Court Page 2 necessary to school and from school including to and from maternal grandparents' home as the parties may from time to time agree. 4. Telephone: In the spirit of being an accommodating parent with a nurturing obligation to encourage the children's relationship with the other parent, both parents shall allow reasonable telephone contact between the children and the out- of-custody parent and no reasonable request by a child or a parent for a telephone conversation shall be unreasonably denied. 5. Plan for Implementation of Custody Order: Pursuant to the provisions of 23 Pa. C.S.A. §5306, the parents shall submit to the Court a plan for implementation of this custody Order which provides for fully shared legal and physical custody of the children between both parents. The plan shall include terms for holidays, school breaks (including, for example, Thanksgiving, Christmas/New Year's, Spring break, Easter break, etc.) and summer vacation time. The intent of this provision is to allow the parties to negotiate arrangements which both implement this custody Order and which are agreeable and convenient for the parties and in the best interests of the children. The parties' plan shall be delivered to the Court not later than twenty-one (21) days after the date of this Order. The parties are cautioned to submit a single agreed-upon plan and not two separate plans. 6. Effective Date: The effective date of this Order shall be Friday, September 5, 2008 at which time the children will transfer to the custody of the parent who has not had physical custody of the child during that week. Pursuant to the requirements of Pa. R.C.P. 236 (a)(2), (b), (d), the Prothonotary shall • 0 • Fields v. Fields No. 2007-2742 Order of Court Page 3 immediately give written notice of the entry of this Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notice and the time and manner thereof By the Court, J. The Prothonotary shall eive notice to: Jennifer L. Spears, Esq., Counsel for Plaintiff/Father Kent H. Patterson, Esq., Counsel for Defendant/Mother • • 0 0 IN THE COURT OF CO N PLEAS OF THE 39TH JUDICIAL DISTRICT, PENNSYLVANIA FRANKLIN COUNTY BRANCH BRIAN L. FIELDS Plaintiff, VS. CHRISTINA V. FIELDS Defendant. APPEARANCES: CIVIL ACTION - LAW NO. 2007 - 274x., G 77 Z C ? ? no © -4 z' N n 2 Jennifer L. Spears, Esquire,, e g?, on eh of the Plaintiff/Petitioner. -+*^ ,J;Po W .c Kent H. Patterson, Esquire, appea s -6F b o if of the Plaintiff/Petitioner. ORDER OF COURT August 27, 2008, the matter is before the Court for the last day of hearing. The evidence is closed. Neither party sees the need to submit proposed findings and conclusions to the Court. The Court has invited cogent, thoughtful and thought-provoking written closing arguments. Closing arguments are due in writing by informal letter to the Court not later than close of business on Thursday, August 28, 2008, and any responses to those closings by opposing counsel shall be delivered to the Court not later than noon on Friday, August 29, 2008. It is sufficient to serve the Court by telefax at 717-261-3163, and it is urged - 1 - Jane M. Smith Official Court Reporter r ?; 4. r' 0 0 that Counsel share their responses by serving each other by telefax as well. It is noted that the parties have an understanding of how the current governing order operates and the Court has signaled the parties that it will resolve this case by issuing a final appealable by order as soon as it possibly can with the representation that it won't go far into the school year. Pursuant to the requirements of Pa. R.C.P. 236 P-.? • (a)(2), (b), (d), the Prothonotary shall immediately give written notice of the entry of this Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notice and the time and manner thereof. C: Jennifer S. Spears, Esq. Kent H. Patterson, Esq. By the Court, Jane M. Smith Official Court Reporter 0 PR??NNNpUN?? P? lG 2? ?' ? 130, t048 ?? ?tNO HpNOTAR`l pR? ?a 0 o 0 a rt? t? U? c o a ?U a Gil z Iz 0- 0 N Z W cr, Q a z Cr. Q 7 Ct a o o LL 0 a d 1 ?. W U ?r ? O o ? w Q c C o 0 o W CL. ? z Q C? U r "k 1l v • CD ^J C:=' -? o O t co .X' f'J oc rT1 A Y D _ c.n -? CID IN THE COURT OF COMMON PLEAS OF THE 39 JUDICIAL DISTRICT OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH BRIAN L. MELDS, Plaintiff' VS. CREMNA V. FIELDS, Defendant CIVIL ACTION-LAW NO. 2007-2742 CUSTODY ORDER OF COURT August 7, 2008, this matter is before the Court today for an evidentiary hearing. The Court and counsel had scheduled only one day and it appears that additional time is necessary. IT IS ORDERED that the record of these proceedings remain open, that the proceedings be adjourned, and that the proceedings be reconvened on Wednesday, August 27, 2008 at 9:00 a.m. Pursuant to the requirements of Pa. R.C.P. 236 (a)(2), (b), (d), the Prothonotary shall immediately give written notice of the entry of this Order, including a copy of this Order, to each party 's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notice and the time and manner thereof. , By the Court J. The Prothonotary shall eive notice to: Jennifer L. Spears, Esq., Counsel for Plaintiff/Father Kent H. Patterson, Esq., Counsel for Defendant/Mother Neil E. Burkholder, District Court Administrator s FnFILES\CtientsU 1905 Fields\I1905.Lpra1/tde Created: 9/20/04 0:06PM Revised: 7/25/08 3:53PM • 0 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRIAN L. FIELDS, IN THE COURT OF COMMON PLEAS OF Plaintiff FRANKLIN COUNTY, PENNSYLVANIA V. NO. 2007-2742 CIVIL ACTION - LAW CHRISTINA V. FIELDS, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF FRANKLIN COUNTY: Please file with the record in this matter the attached certificate regarding the completion of an Education Program for Divorcing Parents by Plaintiff, Brian Fields. MARTS-ON LAW OFFICES r a T f By Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 28, 2008 O iT1 r..? 0 N ?' "'0 -? o c? F= v ,? .. o ow rn ap C= --j W En ? T> i • .Z roll 0 Oct "', n % ? o _ WTI ?.? . '•? c o o c m ?"i .7? tuD ?• i 0 r 10 a o 014 4 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 MARTSON LAW OFFICES Carlisle, Carlisle, PA 17013 (717) 243-3341 'cia D. Ec tenroad Ten East Hi Street Dated: July 28, 2008 0 pNKI.HN N©??RY P? 1608 J'Jl- 15 A it 3q t??°TNatia FRa o 0 IS-N v ? o c ?a o C%1 y da ? w z a W Z W Q CL 0 z cr. O 7 s oC a um c V a cc w o ? aA o 9 Q % 2 a Ci o?. N w ' ? Ur C6 a a y c i. O w ' Z p y ? r Q ? V v s (? ul v1 Vi 0 ,G -r, IN THE COURT OF COMMON PLEAS OF T 39TH JUDICIAL DST OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH BRIAN L. FIELD, CIVIL ACTION-LAW Plaintiff" VS. NO. 2007-2742 CMST NA V. FIELDS, Defendant CUSTODY ORDER SUPPLEMENTING Oiff?R APPQyNT1NG EXPERT May 7, 2008, the Court having noted that it overlooked requiring the parties to pay the evaluator in advance, IT IS ORDERED that the total cost of the evaluation initially shall be allocated between the parties with each paying 50% of the evaluator's professional fee. Accordingly, each party promptly shall pay to Mr. Stecher one-half of his professional fee. Nothing in this Order is intended to alter Item 5 of this Court's Order of May 2, 2008. Pursuant to the requirements of Pa. R.C.P. 236 (a)(2), (b), (d), the Prothonotary shall immediately give written notice of the entry of this Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notice and the time and manner thereof. By the Court, /1'c.Qf J. The Prothonotary shall ive notice to: niter L. Spears, Esq., Counsel for Plaintiff/Father %yg&t H. Patterson, Esq., Counsel for Defendant/Mother Neil E. Burkholder, District Court Administrator Eugene H. Stecher, M.A. at 268 S. Sixth Street, Chambersburg, PA 17201 ,u • E PROTHONOTARY FRANKLIN COUNTY PA 1008 F `l -2 P 3= 54 LINDA L. BEARD PROTHONOTARY IN THE COURT OF COMMON PLEAS OF THE 39' JUDICIAL DISTRICT OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH BRIAN L. FIELDS, Plaintiff VS. 000MNA V. FIELDS, CIVIL ACTION-LAW NO. 2007-2742 CUS PRE-TRIAL CONFERENCE ORDER NOW THIS 25th day of April, 2008, this matter has come before the Court on this date for a Pre-Trial Conference with Jennifer L. Spears, Esq., present and representing Plaintiff/Father and Kent H. Patterson, Esq., present and representing Defendant/Mother. This matter relates to custody of the following children: Shannon M. Fields, born June 21, 1996 and Ian M. Fields, born October 31, 1997. IT IS HEREBY ORDERED AS FOLLOWS: 1. Trial Date: This matter shall be heard without jury on Thursday, August 7, 2008, beginning at 9:00 o'clock a.m. In this case, Plaintiff/Father will first be called on direct examination for a period not to exceed thirty (30) minutes followed immediately by defense cross-examination for a period not to exceed fifteen (15) minutes. Immediately thereafter, Defendant/Mother shall be directly examined for a like period not to exceed thirty (30) minutes to be immediately followed by cross-examination for a period not to exceed f fteen (15) minutes. The Court will meet with the children in Chambers during the afternoon and counsel are directed to adjust their trial strategy accordingly. In addition, counsel are directed to consider time necessary, if any, for rebuttal and sur-rebuttal testimony. Both counsel are directed to attend a meeting with the Judge in Chambers 15 minutes before the hearing is to begin. Trial will take place on the following schedule each day: 0 0 Fields v. Fields No. 2007-2742 Pre-Trial Conference Order Page 2 9:00 Commencement of hearing 10:30 Morning Recess 10:45 Hearing 12:00 Lunch 1:15 Hearing 2:30 Afternoon Recess 2:45 Hearing 4:00 Adjourn for the day. Please refer to Trial Schedule as set out in Paragraph 14. 2. Opinion Witnesses: Opinion witnesses to be called by the parties are as follows: Plaintiff/Father has identified Dr. Srinavasa. DefendanUMother has not identified any expert witness that will testify as of the time of the Pre-Trial Conference. The Court will appoint a custody evaluator by separate Order. Counsel are directed to finalize their expert witness lists not later than Tuesday, July 8, 2008 and to exchange and provide to the Court any expert witness reports not later than Tuesday, July 8, 2008. Please refer to Trial Schedule as set out in Paragraph 14. 3. Fact Witnesses: Fact witnesses to be called by the parties are as follows: By Ms. Spears for Plaintiff/Father: Brian L. Fields Melisa Cochran By Mr. Patterson for Defendant/Mother: Christina V. Fields Brian L. Fields, as on cross Clifford Grim Verl Grim Counsel are directed to finalize their fact witness lists not later than Tuesday, July 8, 2008. Please refer to Trial Schedule as set out in Paragrraph 14. 4. Changes to Witness Lists: After the dates set forth in the preceding paragraphs, parties will be permitted to change their expert and fact witness lists only upon application to the Court with good cause shown. All of the parties shall have the right to rely on the presence of the listed witnesses at trial; and the parties who have listed each witness shall be responsible for assuring that named witnesses are present and available for examination by any of the parties. • • Fields v. Fields No. 2007-2742 Pre-Trial Conference Order Page 3 5. Stipulations: The parties agreed to the following stipulations: a. The children Shannon (DOB 6/21/96) and Ian (DOB 10/31/97) were born during the marriage of the parties. b. The parties are divorced. C. Father is remarried to Melisa Cochran. d. Father resides in Newville, Cumberland County, Pennsylvania. e. Mother resides in Shippensburg, Franklin County, Pennsylvania. f. The children attend school in the Shippensburg Area School District. The parties may submit further stipulations to the Court in writing up to and including Thursday, August 7, 2008. Please refer to Trial Schedule as set out in Paragraph 14. 6. Trial Exhibits: As of the time of the Pre-Trial Conference, neither party has identified any exhibits that they intend to utilize at trial. To the fullest extent possible, counsel are directed to mark their exhibits in advance of trial. Each party shall submit to the Court and to other counsel not later than Tuesday, July 8, 2008 [a] copies of their exhibits and [b] an itemized exhibit list. The list shall identify each exhibit by number and shall contain a reasonably accurate and concise description of the exhibit. Exhibit lists may be amended thereafter only upon application to the Court with good cause shown. Exhibits shall be subject to admissibility and other objections at trial, unless otherwise specified in this order. In addition to any other exhibits, both parties shall introduce into evidence proposed comprehensive final Orders setting forth the relief which each party desires based on the evidence expected to be introduced at trial. Each party's proposed final Order shall be identified as an exhibit and shall be comprehensive. Please refer to Trial Schedule as set out in Paragraph 14. 7. Responsibility for Exhibits During the Trial: A Yellow Exhibit Folder will be placed on the bar during trial. Counsel's Exhibit Lists will be placed inside the Yellow Exhibit Folder. Exhibits used during trial will be kept on the bar. Counsel using exhibits will return them to the bar at the conclusion of their use either by counsel or by any witness. At the conclusion of each day of testimony, and at the conclusion of trial, proffering counsel for each exhibit offered and admitted will assure that it is in the Yellow Exhibit Folder (or at the bar, if oversized). At the conclusion of the trial, all counsel will sign the certification provided in the exhibit folder that each exhibit offered and admitted to the record is accounted for at the bar. At the conclusion of trial, the Prothonotary will take custody of all exhibits and demonstrative evidence which is not returned to an original source. Fields v. Fields 0 No. 2007-2742 Pre-Trial Conference Order Page 4 8. Proposed Findings of Fact Conclusions of Law and Citation to Authori It is the judgment of the Court that this case may lend itself to a bench decision, depending upon the unfolding of the evidence at trial. Nevertheless, at the option of the Court, counsel for both parties may be required to submit to the Court at a date certain to be determined at the trial, a memorandum which shall include (1) proposed findings of fact; (2) proposed conclusions of law; (3) citation to supporting legal authority; (4) a proposed dispositive Order. The Order should fairly reflect relief which each party seeks based upon evidence that each party fairly intends will have been properly placed before the Court by the conclusion of the hearing. The proposed Order for relief shall be comprehensive. 9. Legal Issue to be Resolved: The significant legal issue is a legal and physical custody arrangement which will be in the best interest of Shannon and Ian. 10. Custody Arrangement as of the Time of the Pre-Trial Conference: As set forth in the September 11, 2007 Order of Court except as modified by the Court's Order of February 29, 2008. 11. Motions in Limine: Motions in limine, if any, together with accompanying briefs, shall be filed and served on opposing counsel not later than Thursday, July 17, 2008. Responses together with accompanying briefs shall be filed and served not later than 7 days after the filing of any motion. Concurrently with such filing and service, counsel shall deliver to chambers duplicate copies of [ 1 ] each motion, [2] each response and [3] supporting briefs for each motion and response. Please refer to Trial Schedule as set out in Paragraph 14. 12. Divorcing Parents Program: If they have not already done so, both parents shall promptly enroll in, attend, and successfully complete the Education Program for Divorcing Parents. The parties may obtain the necessary paperwork by picking it up from the Court Administrator's Office, Third Floor, Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, PA 17201 or by sending a pre-addressed, pre-stamped envelope to that address along with a request for paperwork for the Education Program for Divorcing Parents. 13. Proper Submission Format: The Court requires that all pre-trial submissions be made consistent with the directions in this Order. Absent extenuating circumstances, counsel are strongly discouraged from making required submissions by telefax at the last minute. 14. Trial Schedule: The calendar for the trial of this matter is set forth below. Should there be any conflict between the dates in the paragraphs set forth above and this Calendar, the dates set forth in the Calendar shall be controlling. CALENDAR Tuesday, July 8, 2008 Last day to finalize both fact and expert witness lists; last day to finalize exhibit lists. 0 0 Fields v. Fields No. 2007-2742 Pre-Trial Conference Order Page 5 Thursday, July 17, 2008 Last day to file and serve Motions in Limine with accompanying briefs. Thursday, August 7, 2008 Trial in this matter commences at 9:00 a.m.; last day to submit further Stipulations to the Court. 15. Contact Information for Counsel: Contact information for counsel of record is as follows: Jennifer L. Spears, Esq., Counsel for Plaintiff/Father Martson, Deardorff, Williams, Otto, Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 Phone: (717) 243-3341 Fax: (717) 243-1850 Kent H. Patterson, Esq., Counsel for Defendant/Mother 221 Pine Street Harrisburg, PA 17101 Phone: (717) 238-4100 Fax: (717) 233-6280 16. Modification of this Order: This Order shall be a final Order (except for purposes of appeal) unless suggestions for correction, amendment or other change are made to the Court in writing within seven (7) days of the date of this Order. 17. Service of this Order: Pursuant to the requirements of Pa. R.C.P. 236 (a)(2), (b), (d), the Prothonotary shall give written notice of the entry of this order, including a copy of this order, to each party s attorney of record and shall note in the docket the giving of such notice and the time and manner thereof. Distribution: Jennifer L. Spears, Esq., Counsel for Plaintiff/Father Kent H. Patterson, Esq., Counsel for Defendant/Mother Neil E. Burkholder, District Court Administrator By the Court, J. GY 4 CJ C PROTHONOTARY FRANKLIN COUNTY PA tP0$ 401 -2 P 3= 54 LINDA L. BEARD PROTHONOTARY IN THE COURT OF COMMON PLEAS OF THE 30 JUDICIAL DIS OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH BRIAN L. FIELDS, CIVIL ACTION-LAW Plaintiff VS. NO. 2007-2742 CHRISTINA V. FIELDS, : ORDER DIRECTING EXPERT EXAMINAT/DNAND REPORT PURSUANT TO Pa RC.P 1915.18 AND NOW, this day of May, 2008, it is hereby ORDERED, that: 1. The evaluator [X] shall be Eugene H. Stecher, M.A. at 268 S. Sixth Street, Chambersburg, PA 17201 or [ ] will be selected by the parties. 2. The evaluator shall conduct a [ ] Physical Evaluation [ ] Psychological Evaluation [X] Custody Evaluation [ ] Drug and/or Alcohol Evaluation [ ] Home Study [ ] Other (Specify) • 0 Fields v. Fields No. 2007-2742 Order Directing Expert Examination and Report Pursuant to Pa. R.C.P. 1915.18 Page 2 3. The evaluator [X] shall [ ] shall not make specific recommendations for legal and physical custody. If the evaluator makes specific recommendations, the evaluator shall state the specific reasons for the recommendations. 4. The parties shall participate fully with the evaluator on a timely basis, including retaining the evaluator upon appropriate terms, scheduling appointments, paying promptly, participating in all sessions and in appropriate testing recommended by the evaluator and executing any reasonable consents relating to themselves and their children. [X] 5. Both parties shall promptly cooperate to maximize the use of available insurance coverage, if any, and to notify the other party of the result. The [X] plaintiff [ ] defendant shall submit the costs to his or her insurance first. The cost of the unreimbursed portion of the evaluation shall preliminarily be allocated between the parties with the plaintiff paying 50% and the defendant paying 50% without prejudice to the ultimate apportionment of such costs by subsequent agreement of the parties or order of court. [ ] 6. The cost of the evaluation shall be borne by the county, subject to reimbursement by 7. The cost for the evaluator's time for depositions and/or testimony for hearing shall be [X] allocated 50% to the plaintiff and 50% to the defendant or [ ] paid by the party seeking the testimony. [X] 8. The evaluator may consult with and/or interview any person the evaluator reasonably believes can provide relevant information, including other experts and/or fact witnesses. [ ] 9. The evaluator may utilize the services of another qualified professional (e.g. to perform additional services) without court approval. [ ] 10. Subject to the applicable rules of evidence, the evaluator's file (including notes, exhibits, correspondence, test interpretations and, to the extent it is not a violation of copyright law or applicable professional rules, raw test data) shall promptly be made available to counsel for the parties. [X] 11. Provided that the parties cooperate on a timely basis, the evaluator shall deliver his or her report to counsel for the parties, any unrepresented party, the guardian ad litem, if any, and to the court at least 30 days prior to the first day of trial. The report shall not be filed of record. r ? r Fields v. Fields I* is No. 2007-2742 Order Directing Expert Examination and Report Pursuant to Pa. R. C.P. 1915.18 Page 3 [X] 12. Prior to and/or subsequent to the submission of the evaluator's written report, counsel for the parties shall not be permitted to communicate with the evaluator as to substantive issues, without the consent or direct participation of counsel for the other party. 13. If the report or any information from the evaluator is provided to the court, the evaluator shall be subject to cross examination by all counsel and any unrepresented party regardless of who obtains or pays for the services of the evaluator. 14. The evaluator shall be provided with a copy of this order. 15. The evaluator's report shall not be inappropriately disseminated. [X] 16. Other provisions: Parties shall supply the evaluator with copies of the pleadings, their Conciliation Memos, the Report of the Conciliator, and their Pre-Trial Conference Memoranda and any other documentation reasonably requested by the evaluator. FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN FINES, IMPRISONMENT OR OTHER SANCTIONS. By the Court, J. Distribution: Jennifer L. Spears, Esq., Counsel for Plaintiff/Father Kent H. Patterson, Esq., Counsel for Defendant/Mother Neil E. Burkholder, District Court Administrator Eugene H. Stecher, M.A. at 268 S. Sixth Street, Chambersburg, PA 17201 Cz 4 0 0 BRIAN L. FIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : THE 39th JUDICIAL DISTRICT OF : PENNSYLVANIA - FRANKLIN COUNTY BRANCH V. NO. 2007-2742 CIVIL TERM CHRISTINA V. FIELDS, Defendant/Petitioner IN CUSTODY PRE-TRIAL MEMORANDUM OF CHRISTINA V. FIELDS`-Y._, ?l(7 - (p I. Statement of the Case. Cn A. Procedural History: This custody case` originated in Perry County, Docketed at No. 2003-482, (subsequently changed to No. FC 2007-188), as part of a divorce action wherein Christina V. Fields ("Mother") was plaintiff and Brain L. Fields ("Father") was defendant. A custody order was entered by the Perry County Court dated October 14, 2004 based upon a stipulation of the parties dated July 9, 2004. On August 3, 2007, Mother filed, in Perry County, a petition to modify the custody order and, on August 16, 2007, Father was served with the petition and order of court to appear for Custody Court in Perry County on September 11, 2007. On August 9, 2007, Father filed a complaint for custody in Franklin County Court which was served on Mother some time shortly before Father presented the custody complaint to the Franklin County Court on September 6, 2007. On September 5, 2007, Father filed a motion with the Perry County to transfer venue to Franklin County Court. By order dated September 7, 2007, Judge Walsh declined to enter a temporary custody order and deferred to the Perry County 1 • Court to hear the initial custody presentation at its Custody Court on September 11, 2007. On September 11, 2007, the Perry County Court issued a temporary custody order after the parties had a session with the Perry County Custody Conciliator. Thereafter, on October 19, 2007, Perry County Court transferred venue to Franklin County Court, effective after November 1, 2007 in order to give Mother an opportunity to file any objections. Mother did not object to the transfer. By order dated January 22, 2008, Judge Walsh, based upon the stipulation of the parties, issued a temporary order which adopted the Perry County Court's temporary order of September 11, 2007 and scheduled the matter for a custody conciliation conference on February 5, 2008. As a result of the custody conciliation before the conciliator, David W. Rahauser, Esquire, the court issued a temporary order which provided for the Perry County temporary order of September 11, 2007 to remain in effect with certain modifications. By order dated March 12, 2008, Judge Walsh scheduled a pre- trial conference for April 25, 2008. B. Factual History: The parties, Christina V. Fields ("Mother") and Brian L. Fields ("Father") are parents of the following minor children. Shannon M. Fields, born June 21, 1996, age 11 (almost age 12) ("Shannon"). She is in the 6th grade at Shippensburg Area Middle School. Ian M. Fields, born October 31, 1997, age 10 ("Ian"). He 2 • • is in the 4th grade at Shippensburg Area Intermediate School. Mother and Father were married but separated in 2002 when Father moved to California where he resided with his girlfriend whom he subsequently married after the parties were divorced on October 18, 2004. The parties lived in Marysville, Perry County at the time of separation. Mother has resided in Shippensburg since 2004. Father moved back to Pennsylvania with his wife in May, 2007 and now resides in Newville. Father had limited contact with the children during the approximately four years when he lived in California. The custody order of October 14, 2004 provided for Mother to have primary physical custody and Father to have partial custody during the summer and, in alternating years, during the Christmas break and spring break from school. However, Father limited his contact to approximately two weeks each summer, except for one summer when Shannon stayed for six weeks. After Father returned to Pennsylvania, the parties worked out a schedule for the summer of 2007 and, with the assistance of two custody conciliations, phased in a schedule of partial custody for Father. The custody order dated February 29, 2008 which adopts the Perry County custody order of September 11, 2007 with modifications, provides for Father to have partial custody on alternating weekends from Friday evening through Sunday evening, every Thursday evening (4:00 p.m. to 8:00 p.m.), and alternating Monday evenings (4:00 p.m. to 8:00 p.m.) following Mother's weekend. The order also provides for the parties to have alternating two week periods during the summer 3 • • of 2008 and provides for Thanksgiving and Christmas schedules for the year 2008. Both children have special needs. Shannon has ADHD (Attention Deficit Disorder with Hyperactivity). She has an Individual Educational Plan (IEP) and meets with an intervention counselor. Ian has ADD (Attention Deficit Disorder) and Aspergers Syndrome (a mild form of autism). He can become easily frustrated and have anger problems. He also has an IEP at school. Both children regularly see a psychiatrist for medication and have until recently been involved in regular counseling. Mother's position is that it is in the best interests of the children that she remain the primary custodial parent since she is the parent who has consistently provided and will be able to continue to provide a stable, structured environment for the children. Father's involvement with the children was minimal until he returned to Pennsylvania in May 2007 and Mother has been agreeable in incrementally increasing Father's involvement with children. Mother believes that the current custody order dated February 29, 2008 should remain in effect and that Father's request for a 50/50 custody order is not in the children's best interests. The children need a stable "home base" which has always been Mother. Mother has concerns about Father's parenting abilities which include his over reacting with disciplinary issues with the children. Further, the children appear to be frustrated after their time with Father and Father's wife. There is friction between Father's wife and the children, especially Shannon. 4 II. Issues to be R?solved• Whether the current custodY order dated February 29, custody for Father. 2008 provides appropriate times of physical III. Stipulated Issues and Facts: The parties have not discussed stipulations. However, the parties should be able to stipulate basic facts such as the children's ages and school attendance, marital status of the parties, and residences of the parties. IV. Factual: 1. Christina V. Fields, Mother, who will testify concerning all matters involving the children. 2. Brian L. Fields. Mother reserves the right to call Father as a witness. 3. Clifford and Verl Grim. Mother may call one or both of these persons who are her parents, who live in Shippensburg and who have much involvement in the lives of the children. They can testify concerning their involvement and Mother's involvement with the children. 4. Mother reserves the right to supplement this pre- trial statement by identifying other witnesses and giving notice to opposing counsel. V. Expert Witnesses: There are none at this time but Mother reserves the right to identify an expert witness and 5 supplement this pre-trial statement with notice to opposing counsel. VI. Exhibits: None at this time but Mother reserves the right to identify exhibits and supplement this pre-trial statement with notice to opposing counsel. VII. Expected Length of Trial: One half day. Respectfully submitted, Kent H. Patterson Attorney for Christina V. Fields (Defendant/Petitioner) 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 6 F:\FILFS\Clients\11905\11905. I.pretrialstmt.wpd/tde • Created: 9/20/04 0:06PM Revised: 4/22/08 3:40PM IN THE COURT OF COMMON PLEAS OF Plaintiff FRANKLIN COUNTY, PENNSYLVANIA Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLERL MUR ,':PR 2 3 A 10: S 9 MARTSON LAW OFFICES I.D. 87445 -; i -0 1`4 h'0 F' 10 East High Street ?' ' Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRIAN L. FIELDS, V. CHRISTINA V. FIELDS, Defendant 0 NO. 2007-2742 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PRETRIAL STATEMENT STATEMENT OF THE CASE: The parties are the parents of Shannon, age 11, and Ian, age 10. They parties separated in late 2002 and subsequently divorced. Before the separation, the family lived in Marysville, and Mother then lived with the children in Dauphin County for a year and a half. Since May of 2004, Mother and the children have been in Shippensburg. Father moved to California after the separation, and at the time, agreed that Mother would have primary custody of the children during the school year. Father's custodial periods were during school vacations and summer breaks and he maintained regular contact through a webcam and visits to Pennsylvania several times per year. Father moved back to Pennsylvania to be near the children in May of 2007. Father would like to have shared physical custody and would agree that the children remain in their current school. He works from home and therefore has a flexible schedule. Since September, he has had alternating weekends and some evening time, as well as other times when it is convenient for Mother. At a Conciliation Conference, the amount of time spent with each parent during the school year was not resolved by mutual agreement. However, the parties were able to agree to a two week on and two week off schedule with the children. They also were able to agree 0 • on how to share Thanksgiving and Christmas. Father desires equal time as Mother and feels he is at least equally capable of parenting the children as Mother, if not more so. Furthermore, Father believes that Mother will not agree to a shared custody schedule because she does not like his wife, Melisa. Father has had concerns regarding the medical treatment and medications the children have been put on without his prior knowledge or consent. He has been working with Mother and the children's health care providers to share information. Father has also been very involved with the children's teachers and has seen improvement with both of their grades since his presence and influence have increased. Both children have psychiatric diagnoses. Both children are involved in numerous sports and activities. Father believes it is in the children's best interest to have equal time with both parents. ISSUES FOR RESOLUTION: The physical custody schedule needs to be resolved. Father wants shared physical custody now that he has returned to the area from California. He wants to equally share in the parenting of the children. STIPULATED ISSUES AND FACTS: 1. The children Shannon (DOB6/21 /96) and Ian (DOB 10/31/97) were born during the marriage of the parties. 2. The parties are divorced. 3. Father is remarried to Melisa Cochran. 4. Father resides in Newville, Pennsylvania. 5. Mother resides in Shippensburg, Pennsylvania. 6. The children attend school in the Shippensburg Area School District. WITNESSES: A. FACTUAL - In addition to the parties, Plaintiff may call the following as witnesses: 1. Melisa Cochran- Plaintiff's wife, same address as Plaintiff. She will testify regarding her and Father's relationship and involvement with the children. • The undersigned has personally contacted all of the above and confirmed their anticipated testimony. B. EXPERT: None known at this time. Plaintiff reserves the right to supplement this with proper notice to the Court and opposing counsel. EXHIBITS: None known at this time. Plaintiff reserves the right to supplement this with proper notice to the Court and opposing counsel. EXPECTED LENGTH OF TRIAL: Four hours. Date: 4/22/08 MARTSON LAW OFFICES By Jennif L. pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Pretrial Statement was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 MARTSON LAW OFFICES By ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 4/22/08 G_ .. 0 0 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH BRIAN L. FIELDS CIVIL ACTION -LAW c ? -r, ? ; ; , Plaintiff/Petitioner -nr C) A V. NO. 2007-2742 CIVIL TER CD r N ocj CHRISTINA V. FIELDS, ?.d J.?Jg1s? ?? Defendant/Respondent IN CUSTODY AND NOW this day of ? , 2008, upon presentation and consideration of the within Petition, it is hereby ORDERED and DECREED that: IT IS HEREBY ORDERED, that a Pre-Trial Conference in the above-captioned custody matter is hereby scheduled for fe,a Agi 1 a 5 , 2008, at qWO o'clock A.m. in the Chambers of the Honorable `i?da? d J • ?141s1, in the Franklin County Courthouse, Chambersburg, Pennsylvania. A Pre-Trial Memorandum shall be furnished to the Court at least two (2) days prior to the scheduled Pre-Trial Conference pursuant to 39`' Judicial District Civil Rule No. 1915.3(d). Failure to provide said Pre-Trial Memorandum may be grounds for imposition of sanctions. Failure of a party or legal counsel to appear upon proper notice shall result in the holding of the conference in absentia and the entry of an Order of Court that may be to the detriment of the absent party. BY THE COURT, cc: Jennifer L. Spears, Esquire Attorney for Plaintiff/Petitioner Kent Patterson, Esquire Attorney for Defendant/Respondent J. C? FT1LES\C1ients\11905\11905.Lpretrialm t.wpd 1 rl N C= O T? y Jennifer L. Spears, Esquire -7q o MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -' MARTSON LAW OFFICES Q V # I.D. 87445 ° cm D rn "? o 0 10 East High Street Carlisle, PA 17013 ?.J (717) 243-3341 Ln y Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH BRIAN L. FIELDS, Plaintiff/Petitioner v. CHRISTINA V. FIELDS, Defendant/Respondent CIVIL ACTION - LAW NO. 2007-2742 CIVIL TERM IN CUSTODY PETITION FOR SCHEDULING OF PRETRIAL CONFERENCE AND NOW, comes Jennifer L. Spears, Esquire, counsel of record for the above-named Plaintiff, Brian L. Fields, and moves the Court as follows: I. A Conciliation Conference in the above-captioned matter was held on February 5, 2008. 2. A Conciliation Report was prepared by the Conciliator and filed of record on February 26, 2008. A copy of that Report is attached hereto and incorporated herein by reference as Exhibit "A." 3. An Amended Temporary Order of February 29, 2008, is in effect for the school year, summer schedule and holidays. 4. The undersigned legal counsel hereby certifies that all Court ordered directives have been complied with and the matter is now ready for a hearing. 5. Notification of this Petition has been given to Kent Patterson, Esquire, attorney for the Defendant, who does not oppose this request. 9 0 WHEREFORE, it is respectfully requested that an Order be entered by the Court establishing a date and time for the Pre-trial Conference. Respectfully submitted, MARTSON LAW OFFICES ,F V By Jennifer' L. *e #s, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: March , 2008 Attorneys for Plaintiff • C R ZLA-BL-E R Q4 RECYCLABLE • ex?,? If IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH BRIAN L. FIELDS, Plaintiff CIVIL ACTION -LAW C= No. 2007-2742 .X ' Judge d n .J D Q . `• CUSTODY N -? mo Cr - o Atty: Jennifer L. Spears, Esq. VS. CHRISTINA V. FIELDS Defendant Atty: Kent Patterson, Esq CONCILIATION REPORT The Parties and their attorneys, Jennifer S. Spears, Esquire, attorney for the Plaintiff ("Father") and Kent Patterson, Esquire, attorney for the Defendant ("Mother") met with regard to Shannon Fields, born June 21, 1996 and Ian Fields born October 31, 1997. Father had previously resided in California and has now relocated in the Newville area and is attempting to expand his contact with his children. Mother was somewhat amenable to expanding Father's contact and the Parties did agree to 2 weeks on 2 weeks off schedule during the summer months as an amended temporary order. Mother did not wish to expand the 2 weeks on 2 weeks off to the school year. She believed it would be detrimental to the children's routines. The amended order is as follows: 1. Father shall have partial custody of his children on alternating Mondays following Mother's weekends from 4:00 p.m. through 8:00 p.m. 2. Beginning June 8, 2008 at 12:00 p.m. through June 22, 2008 at 12:00 p.m., and on alternating 2 week periods thereafter, Father shall have summer residential custody of his children. 3. Beginning June 22, 2008 12:00 p.m. through July 6, 2008 at 12:00 p.m. and on alternating 2 week periods thereafter, Mother shall have summer residential custody of her children. 4. The summer period of two week on and two week off schedule shall terminate August 17, 2008. 5. With regard to the alternating 2 week periods in the summer, Mother will provide transportation to and from Father's residence since the exchanges will occur on Sundays after Mother leaves her church which is relatively close to Father's residence. EXHIBIT "A" 6. Commencing August 29, 2008, the alternating weekend with Father shall resume. 7. Thanksgiving 2008 only. Mother shall have Thanksgiving from 1:00 p.m. the Wednesday preceding Thanksgiving through 2:30 p.m. Thursday, Thanksgiving Day. Father shall have Thanksgiving custody from 2:30 p.m. Thursday, Thanksgiving Day through 4:00 p.m. Friday. 8. Christmas. Father shall have Christmas custody of his children from 4:00 p.m., December 24 h through 1:00 p.m. December 25th. Mother shall have Christmas custody of her children from 1:00 p.m. December 250' through 4:00 p.m. December 26th. This schedule is for 2008 only. There was nothing further agreed to by the Parties. This shall be considered an amended temporary order. Respr 1 s b , .r- David W. Rahauser • VERFICAT1ON I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsifications to authorities. rian L. Fields Date: n I..J IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH BRIAN L. FIELDS, CIVIL ACTION -LAW Plaintiff/Petitioner V. NO. 2007-2742 CIVIL TERM CHRISTINA V. FIELDS Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Kent Patterson, Esquire 221 Pine Street Harrisburg, PA Dated: March , 2008 Means of Service Facsimile and First Class Mail Date of Service MART O LAW OFFICES Jennifek L'/Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Counsel for Plaintiff bl , I , 0 0 IN THE COURT OF COMMON PLEAS OF THE *' JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH BRIAN L. FIELDS, Plaintiff Atty: Jennifer L. Spears, Esq VS. CHRISTINA V. FIELDS Defendant Atty: Kent Patterson, Esq. ORDER CIVIL ACTION -LAW No. 2007-2742 _n rn N °o D C Judge '? aZ .moo rn v> ?O ;_-i C) - N = O CUSTODY r =r C) oZp ?D D zD -<o -+? o v AND NOW, this 69 T/4 day of FA, 2008, upon consideration of the Report of the Conciliator, David W. Rahauser, Esquire, and Agreement of the Parties following Conciliation, IT IS ORDERED as follows: 1. The Court's Temporary Custody Order in this matter dated September 11, 2007, shall remain in effect except as modified herein. 2. Father shall have partial custody of his children on alternating Mondays following Mother's weekends from 4:00 p.m. through 8:00 p.m. 3. Beginning June 8, 2008 at 12:00 p.m. through June 22, 2008 at 12:00 p.m., and on alternating 2 week periods thereafter, Father shall have summer residential custody of his children. 4. Beginning June 22, 2008 12:00 p.m. through July 6, 2008 at 12:00 p.m. and on alternating 2 week periods thereafter, Mother shall have summer residential custody of her children. 5. The summer period of two week on and two week off schedule shall terminate August 17, 2008. 6. With regard to the alternating 2 week periods in the summer, Mother will provide transportation to and from Father's residence since the exchanges will occur on Sundays after Mother leaves her church which is relatively close to Father's residence. 7. Commencing August 29, 2008, the alternating weekend with Father shall resume. • 8. Thanksgiving 2008 only. Mother shall have Thanksgiving from 1:00 p.m. the Wednesday preceding Thanksgiving through 2:30 p.m. Thursday, Thanksgiving Day. Father shall have Thanksgiving custody from 2:30 p.m. Thursday, Thanksgiving Day through 4:00 p.m. Friday. 9. Christmas. Father shall have Christmas custody of his children from 4:00 p.m., December 24th through 1:00 p.m. December 25`h. Mother shall have Christmas custody of her children from 1:00 p.m. December 25th through 4:00 p.m. December 26`h. This schedule is for 2008 only. There was nothing further agreed to by the Parties. This shall be considered an amended temporary order. • • IN THE COURT OF COMMON PLEAS OF THE 39' JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH BRIAN L. FIELDS, Plaintiff Atty: Jennifer L. Spears, Esq VS. CHRISTINA V. FIELDS Defendant Atty: Kent Patterson, Esq CIVIL ACTION -LAW rrn 'a ti ° c No. 2007-2742 -mot v r o °? rn Z u a pr N Cr .ti = ? Judge O3 CO n c ? :CUSTODY CD N w -?..? a- y CONCILIATION REPORT The Parties and their attorneys, Jennifer S. Spears, Esquire, attorney for the Plaintiff ("Father") and Kent Patterson, Esquire, attorney for the Defendant ("Mother") met with regard to Shannon Fields, born June 21, 1996 and Ian Fields born October 31, 1997. Father had previously resided in California and has now relocated in the Newville area and is attempting to expand his contact with his children. Mother was somewhat amenable to expanding Father's contact and the Parties did agree to 2 weeks on 2 weeks off schedule during the summer months as an amended temporary order. Mother did not wish to expand the 2 weeks on 2 weeks off to the school year. She believed it would be detrimental to the children's routines. The amended order is as follows: 1. Father shall have partial custody of his children on alternating Mondays following Mother's weekends from 4:00 p.m. through 8:00 p.m. 2. Beginning June 8, 2008 at 12:00 p.m. through June 22, 2008 at 12:00 p.m., and on alternating 2 week periods thereafter, Father shall have summer residential custody of his children. 3. Beginning June 22, 2008 12:00 p.m. through July 6, 2008 at 12:00 p.m. and on alternating 2 week periods thereafter, Mother shall have summer residential custody of her children. 4. The summer period of two week on and two week off schedule shall terminate August 17, 2008. 5. With regard to the alternating 2 week periods in the summer, Mother will provide transportation to and from Father's residence since the exchanges will occur on Sundays after Mother leaves her church which is relatively close to Father's residence. LI 6. Commencing August 29, 2008, the alternating weekend with Father shall resume. 7. Thanksgiving 2008 only. Mother shall have Thanksgiving from 1:00 p.m. the Wednesday preceding Thanksgiving through 2:30 p.m. Thursday, Thanksgiving Day. Father shall have Thanksgiving custody from 2:30 p.m. Thursday, Thanksgiving Day through 4:00 p.m. Friday. 8. Christmas. Father shall have Christmas custody of his children from 4:00 p.m., December 24 h through 1:00 p.m. December 25th. Mother shall have Christmas custody of her children from 1:00 p.m. December 25th through 4:00 p.m. December 26th. This schedule is for 2008 only. There was nothing further agreed to by the Parties. This shall be considered an amended temporary order. Respe? I s b ' David W. Rahauser F:\FILES\C1ients111905\11905.1.menw/tde • Created: 9120104 0.06PM Revised: 2/5/08 11: 21 AM 0 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 S? 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRIAN L. FIELDS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff FRANKLIN COUNTY, PENNSYLVANIA NO. 2007-2742 CIVIL ACTION - LAW CHRISTINA V. FIELDS, Defendant : IN CUSTODY FATHER'S CONCILIATION MEMORANDUM A. FACTUAL BACKGROUND: Plaintiff, Brian L. Fields, (hereinafter, "Father") is the natural father of two children, Shannon Fields and Ian Fields. Defendant is Christina V. Fields, the natural mother of the children (hereinafter, "Mother") A Complaint for Custody was initially filed in Perry County and a temporary Custody Order was issued on October 14, 2004; however, due to the parties now residing in Franklin County, this custody action was transferred to Franklin County. Father had been living in California for a period of time; however, he relocated to Franklin County and desires to have the Custody Order modified so as to more time with his children. B. CHILDREN: Shannon Fields born June 21, 19_96 Ian Fields born October 31, 1997 C. PROPOSED ORDER: Father requests 50150 shared physical custody. i • D. ISSUES FOR RESOLUTION: Shared physical custody and transportation of the children. E. HOME STUDY: Not requested. F. PSYCHOLOGICAL EVALUATION: Not requested at this time, but may be requested if the parties cannot agree to equal time. MART Date: February 5, 2008 LAW OFFICES Jennifdr Lh Spears, Esquire 10 East Street By Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 10 • • CERTIFICATE OF SERVICE I, Jennifer L. Spears, Esquire, hereby certify that a copy of the foregoing Conciliation Memorandum was served this date by hand delivery at the Conciliation Conference to: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 MARTS.ON LAW OFFICES By J nni r Ten East Spears igh Street Carlisle, PA 17013 (717) 243-3341 Dated: February 5, 2008 e? 0 0 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRIAN L. FIELDS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff FRANKLIN COUNTY, PENNSYLVANIA CHRISTINA V. FIELDS, Defendant AND NOW, this Z2 NO. 2007-2742 CIVIL ACTION - LAW IN CUSTODY P,icln???d ? . bJ +?1slr? ORDER day of January, 2008, in consideration of the attached Stipulation for a Temporary Order of Custody, it is Ordered that the Order dated September 11, 2007, issued by the Court of Common Pleas of Perry County shall continue in full force and effect regarding the physical custody schedule. A Custody Conciliation Conference shall be scheduled for T¢.b r , 2008, at a 00 4-m., at the Assigned Room, Third Floor, of the Franklin County Courthouse, Chambersburg, PA. BY THE COURT, J. cc: Jennifer L. Spears, Esquire ./Kent Patterson, Esquire D -o c) Z G N Zr N --) `O Op M C) . C) -< p W c-n <-< -0 39 ?c Fr\FILES\Clients\11905\11905.Lcusstip2 • Created: 9/20/04 0:06PM Revised: 11/20/07 4:47PM C:J I 1 _.? Q Jennifer L. Spears, Esquire A -- Jr. o MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES zr o - 87445 I D ° C ) C o . . 10 East High Street m ? z D Carlisle, PA 17013 (717) 243-3341 Q .? n Attorneys for Plaintiff BRIAN L. FIELDS, IN THE COURT OF COMMON PLEAS OF Plaintiff FRANKLIN COUNTY, PENNSYLVANIA V. CHRISTINA V. FIELDS, Defendant NO. 2007-2742 CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR A TEMPORARY ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1. The Temporary Order of Court issued on September 11, 2007, in the Court of Common Pleas of Perry County, attached hereto as Exhibit "A", continues in full force and effect. This Stipulation shall be entered as an Order of the Court. Bri Fields ?10 Jenni r pears, Esquire Attorney for Plaintiff ??I- -- - V'- 6a2 - -Z /J11 - Christina V. Fields Kent H. Patterson, Esquire Attorneys for Defendant :IN THE COURT OF COMMON PLEAS CHRISTINA V. FIELDS :OF THE 41ST JUDICIAL DISTRICT V. :OF PENNSYLVANIA - BRIAN L. FIELDS :PERRY COUNTY BRANCH :NO. FC-2007-188 I TEMPORARY ORDER AND NOW, September 11, 2007, this will be a Temporary Order without prejudice to the venue issue. 1. The parents shall continue to have shared legal custody and Mother will have primary physical custody of the children. i? 2. Father shall have times of partial custody as follows: (a) Every other weekend from Friday at 5:30 p.m. through Sunday at 6:00 p.m. (b) Every Thursday evening from 4:00 p.m. until 8:00 p.m. i (c) Every other Monday after the off weekend, that is, after the i weekend when Father does not have the children 3. With regard to transportation for the alternating weekends, Mother shall drop the children off at Father's residence and Father shall return the children to Mother's residence. For the weekday afternoon evening times, Father shall pick up the children at Mother's parents' home, that is the maternal grandparents, and Mother shall pick up the children from 04thef , residence. . ?_ fr1 CJ r DEPUTY PROTHONOTARY EXHIBIT "A" There could be an issue that there would be some Fridays where Mother would not be able, because of her work schedule, to drop the children off at Father's until approximately 6:30 p.m. BY THE COURT, cc: Kent-Patterson, Esquire , A ,. a ,?er h Mosebey, Esquire 1.1- Court Administrator File CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Stipulation for a Temporary Order of Custody was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 MARTSON LAW OFFICES IBy Q,Tfif is D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 11, 2007 P .V 0 n F- L] CHRISTINA V. FIELDS, Plaintiff v. 0 : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA, PERRY COUNTY BRANCH NO. FC 2007-4" BRIAN L. FIELDS, Defendant CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE If Kent H. Patterson, attorney for plaintiff, hereby certify that on August 15, 2007, I served defendant with the petition for modification of custody order and the order of court dated August 16, 2007 by mailing copies of same by U.S. certif4d mail, -n O lJ D y? ? postage paid, addressed to defendant as follows: c S, CD C3 CZI) _' w o e c o Brian L. Fields Z =? 16 Sir William Drive Newville, PA 17241 = - co Attached hereto are the sender's receipt and the return receipt card which indicates a date of delivery of August 16, 2007. 1 -? Kent H. Patterson Attorney for plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 r A CHRISTINA V. FIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA, PERRY COUNTY BRANCH V. NO. FC 2007-188 BRIAN L. FIELDS, Defendant CIVIL ACTION - CUSTODY M! Q .. .•. A N L P7F For 0" ° Postage $ 4 0106 j C3 Corti M Fee S2. 5 18 ° C3 Retum (Endorsement Require S2.1AII G 15 Cpl ? (EndoreementRWMM::l ??. a m Total Postage & Fees $ . 04 7 M O O rti w ?aNa ?` Nllidr ?Gdt'tpilifb° `' - ° ` t7 j = # pft yw,r an the ravrarai? ¦ h 116 M Mn !t!s ;A p by fp~ft* no" ig Dom" --07 m 1. ^%b AdCh+?addlp a op if Yft tx+* *W'rA11r so*w tIt*W 17 Y" 0 No eIG7.?j sly. rlet?» tT} /?.. 11- 13 m 2' 0- : 4. F1WkY4d-11r'rW V--W Y'60 2 Rr WIV r _! . t Y 0. 4 x..t? 7003 3110 0001 0956 6943 Ftxm 3811'. 0W4dWjA*4' big" i 1ti+f0 «??yi.?!?il'ulf? • IN'? • 0 m o -n C 'a r- ° -< o o ?o ° Ur ? :ro Z' a0 n Z, - - } ! T ) C:) C- _ tr W IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH BRIAN L. FIELDS, I Plaintiff vs. CHRISTINA V. FIELDS, Defendant CIVIL ACTION - LAW NO. 2007-2742 JUDGE: RICHARD J. WALSH IN CUSTODY ORDER OF COURT November ( , 2007, the Court having received a copy of the October 19, 2007 Order of the Court of Common Pleas of Perry County transferring venue to this Court, Franklin County Branch, which Order "shall not become effective until after November 1, 2007. Counsel for the Plaintiff shall file any objections to said Motion by said date;" and the Court having determined that counsel for Plaintiff has filed no objections in the Court of Common Pleas as of the date of this Order, IT IS HEREBY ORDERED that counsel for the parties either agree to a Temporary Order of Court or to get this matter back on the Court's calendar for an 8:30 a.m., Thursday morning presentation by contacting the Court Administrator. Pursuant to the requirements of Pa. R.C.P. 236 (a)(2), (b), (d), the Prothonotary shall Fields v. Fields No. 2007-2742 Order of Court Page 2 immediately give written notice of the entry of this Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notice and the time and manner thereof. By the Court, J. The Prothonotary shall give notice to: Jennifer L. Spears, Esq., Counsel for Brian L. Fields Kent H. Patterson, Esq., Counsel for Christina V. Fields Neil E. Burkholder, Court Administrator 0 r CHRISTINA V. FIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH VOR . auS N P,W Fa w? ? II aowr.L V. NO. 2003-482 re, aZ001 _ g i BRIAN L. FIELDS, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT You, Brian L. Fields, have been sued in court to modify a custody order concerning the children, Shannon M. Fields and Ian M. Fields. You are ordered to appear in person at the Perry County Courthouse, Center Square, New Bloo ield, PA 17068, on the _ day of 20071 at A m. for Custody Court. The Court directs that within sixty (60) days after service, both parties shall register and attend the "Education Program for Separated Parents" by mailing the pre-printed A5-0.60 registration form, along with a registration fee of $4*,7i0 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest rg ci C? t" 1 G C= i 2-• -J -t -? C1 6 Page 1 of 2 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRIING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCTED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Conmmon Pleas of Perry County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: ISI CjOSEPH REHKAMI Date : J. CERTIFIED ATRUE DOPY Page 2 of 2 DEPUTY PROTHONOTARY CHRISTINA V. FIELDS, Plaintiff : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA,PERRY COUNTY BRANCH V. NO. 2003-482 BRIAN L. FIELDS, Defendant CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Petitioner/Plaintiff, Christina V. Fields, by her attorney, Kent H. Patterson, and files this petition for modification of custody order, based on the following: 1. Petitioner/Plaintiff is Christina V. Fields, (hereinafter referred to as "Mother") who currently resides at 405 Meadow Drive, Shippensburg, Franklin County, Pennsylvania (Shippensburg, PA 17257). 2. Respondent/Defendant is Brian L. Fields, (hereinafter referred to as "Father") who currently resides at 16 Sir U4111am:.: U -- Drive, Borough of Newville, Cumberland County, Pennsylvaa (Newville, PA 17241). 3. The parties are the parents of the following ci 4dr,*p: C-] PR? Cri Shannon M. Fields, born June 21, 1996, age 11 ("Shannon"); Ian M. Fields, born October 31, 1997, age 9 ("Ian") (collectively the "children"). -1- 4. The parties were husband and wife but were divorced on October 18, 2004 by decree in divorce issued by the Court of Common Pleas of the 41st Judicial District of Pennsylvania, Perry County Branch, docketed to the number referred to in the caption above. 5. During the past five years the children have primarily resided with following persons at the following addresses: Persons Address Date Christina V. Fields 398 Kings Highway November 2002 - Lot #51 July 2003 Marysville, PA 17053 Christina V. Fields 130 Oakwood Avenue Dauphin, PA 17018 July 2003 - February 2004 Christina V. Fields Clifford Grim Val Grim Christina V. Fields 411 Maple Hill Avenue Shippensburg, PA 17257 505 Meadow Drive Shippensburg, PA 17257 March 2004 - May 2004 June 2004 - January 2007 Christina V. Fields 405 Meadow Drive January 2007 - Shippensburg, PA 17257 Present 6. Mother currently resides with the following persons: None except children 7. Father currently resides with the following persons: Melisa Cochran 8. Mother seeks modification of the current custody order entered by the court dated October 14, 2004, a copy of which is attached to this petition and marked Exhibit A. -2- • 9. Father moved to California in November 2002 and the current custody order was structured to accommodate the geographical distance between Mother and Father. It provides for Mother and Father to have joint legal custody; Mother to have primary physical custody; and Father to have partial physical custody during the summer (beginning the first full week after the end of school and ending the beginning of the first full week prior to the beginning of the next school year) and, in alternating years, during the Christmas break and Spring break from school. 10. Father moved back to Pennsylvania on May 16, 2007 where he resides with his wife, Melisa Cochran. 11. During the intervening years when Father lived in California, he had limited contact with the children and limited his rights of partial custody during the summer to approximately two weeks each summer except one summer when one of the children, Shannon, stayed for six weeks. 12. Father has had custody of the children for approximately four weeks at various times during this summer and currently has physical custody of them. 13. The children have experienced anxiety and stress as a result of the re-entry of Father into their lives after years of -3- • absence and they have expressed a desire to return to Mother for the remainder of the summer. 14. Mother requests that the current custody order be modified to provide that Mother continue to have primary physical custody of the children and that Father have periods of partial physical custody on weekends and other times for the remainder of the summer and throughout the school year. 15. Mother has been the primary care giver for the children throughout their lives and is the parent who is best able to provide a stable living environment for them. 16. Except for the within action, Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Except for the within action, Mother has no information of a custody proceeding pending in a court of this commonwealth. Mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 17. The best interests and permanent welfare of the children will be served by granting the relief requested. -4- • 18. Plaintiff has been advised of the requirement to attend the seminar titled "Education Program for Separated Parents" offered by Penn State. WHEREFORE, Plaintiff/Petitioner requests your Honorable Court to issue an order for custody as set forth in this petition. Ken H. Patterson Attorney for Plaintiff/Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -5- VERIFICATION I, Christina V. Fields, verify that the statements in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Christina V. Field 7aa o Dat 0 CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant AND NOW this /? 0 IN THE COURT OF COMMON PLEAS THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA,PERRY COUNTY BRANCH NO. 2003-482 IN DIVORCE - CUSTODY ORDER OF COURT day of 004 , 2004, upon consideration of the stipulation submitted by plaintiff, Christina V. Fields (hereinafter referred to as "Mother"), and defendant, Brian L. Fields (hereinafter referred to as "Father"), it is hereby ordered and decreed as follows: 1. Mother and Father shall have shared legal custody of their minor children, Shannon M. Fields, born June 21, 1996 ("Shannon"), and Ian M. Fields, born October 31, 1997 ("Ian") (collectively the "children"). Major, non-emergency decisions concerning the children, including but not necessarily limited -v ? to, the children's health, welfare, education and religious rnfl h training shall be made by them jointly, after discussion w0 __4 :_ .c- ' axe. consultation with each other, with a view towards obtaini?<; following a harmonious policy in the children's best inteiestsv c, v Day to day decisions shall be the responsibility of the paient ERT IED TR PW Y DEPUTY ROT v 3 m 0 --i C? M n C7 then having physical custody. The parent having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with him or her as soon as practical. In accordance with 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, and the resident address of the children and of the other parent. To the extent one parent has possession-of any such records or information, that parent shall be required to share the same or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Mother shall have primary physical custody of the children. Mother shall have physical custody of the children during the school year, except for the times specified for Father. 3. Father shall have physical custody of the children as follows: 2 a. During the summer vacation, commencing the beginning of the first full week after the end of the school year and continuing until the beginning of the first full week prior to the beginning of the next school year. b. During the Christmas break, in alternating years beginning in the year 2004, commencing on the last day of school and continuing until the day before school resumes in the new year. c. During the Spring break in alternating years beginning the year 2006, commencing on the last day of school and continuing until the day before school resumes. 4. since Mother lives in Pennsylvania and rather lives in California, there will be transportation costs. With regard to the summer vacation and Christmas break, rather shall pay for the children's airfare to California and Mother shall pay for the return flight to Pennsylvania. Father shall be solely responsible for transportation costs for Spring break. 5. If Father should come to Pennsylvania at times other than his scheduled periods of physical custody, Mother, upon reasonable notice, will cooperate in allowing him to spend time with the children, including overnight visits if practicable and reasonable. 3 6. The parties agree to cooperate with one another in the implementation of the custody schedule and understand and agree that other changes or modification in the schedule, at times specified, may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the children. 7. Mother and Father agree to cooperate with one another to encourage the children's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the children's relationship with either parent. Neither party shall make disparaging comments about the other in front of the children; nor will they permit any other relative or any other third party to do so. 8. Upon knowledge of pending relocation of either parent, temporary, or permanent, each parent must inform the other of their address and telephone number within thirty (30) days. 9. During any period of custody, the parent having custody shall not possess or use any controlled substances and shall not consume alcoholic beverages to the point of intoxication. The parent shall likewise assure, to the extent 4 possible, that other household members and/or guests comply with this prohibition. 10. During any period of custody, the parent having custody shall be responsible for having the children take any medications prescribed by the children's physician or other medical care provider. 11. The parties agree that the children shall have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his/her right to p#ysical custody. 12. The Court of Common Pleas of Perry County shall retain jurisdiction in this case. 11 BY THE COURT: /SI wOSSM peW.AMP J. r M C2 i".. C3 r ..r ..?C? M CI) 0 ` ? y s 5 '1T CHRISTINA V. FIELDS V. BRIAN L. FIELDS :IN THE COURT OF COMMON PLEAS :OF THE 41sT JUDICIAL DISTRICT :OF PENNSYLVANIA - :PERRY COUNTY BRANCH :NO. FC-2007-188 ORDER AND NOW, October 19, 2007, after consideration of the Defendant's Motion To Transfer Venue, said motion is hereby GRANTED. Accordingly, venue is transferred to the Franklin County Court of Common Pleas, Chambersburg, Pennsylvania. This Order shall not become effective until after November 1, 2007. Counsel for the Plaintiff shall file any objections to said Motion by said date. BY THE COURT, cc: l.. iun rn Kent Patterson, Esquire Jennifer L. Spears, Esquire Court Administrator File The Honorable Richard J Walsh ca r L? t _,., T; C:'?r ?. C.'7 N) c= Cn ?? i Date: 11/2/2007 Time: 08:05 AM Page 1 of 2 Filed: Subtype: Previous Case Comment: Status History 41st Judd District of PA, Perry County Branch Complete Case History Case: FC-FC-2007-00188 CHRISTINA V FIELDS vs. BRIAN L FIELDS 8/6/2007 FAMILY CUSTODY CV 2003-482 Physical File: Y Appealed: N Pending 8/6/2007 Judge History Date Judge 8/6/2007 MORROW, KATHY A. Payments Receipt Date KENT H. PATTERSON, ESQ. 28457 8/6/2007 Plaintiff Type Civil Filing Name: FIELDS, CHRISTINA V Address: 405 MEADOW DRIVE SHIPPENSBURG PA 17257 Phone: Home: Work: Employer: Litigant Type: Comment: Attorneys PATTERSON, KENT H. ESQ (Primary attorney) Defendant Name: FIELDS, BRIAN L Address: 16 SIR WILLIAM DRIVE NEWVILLE PA 17241 Phone: Home: Work: Employer: Litigant Type: Comment: Seth Mosebey, Esq. colleque of Atty. Spears Attorneys SPEARS, JENNIFER L (Primary attorney) Hearings From To Judge 9/11/2007 08:30 AM REHKAMP, C. JOSEPH Register of Actions 8/3/2007 see previous case #CV 2003-482. Petition to Modify Custody and proposed Scheduling Order filed . Exit to Court Administration, cc and time stamp copy to Atty. Reason for Removal Current Total SSN: DOB: Sex: Send notices: Y Send Notices SSN: DOB: Sex: Send notices: Y Send Notices Type CUSTODY CONFERENCE MORROW, KATHY A. MORROW, KATHY A. User: RUTH S Amount 75.50 75.50 ? at U H w O z ? o H Q O o ? w a ~ h=- L a w w U C t .a ?,? ?) ^p Date: 1,1/2/2007 41st Jud*l District of PA, Perry County Branch Time: 08:05 AM Complete Case History Page 2 of 2 Case: FC-FC-2007-00188 CHRISTINA V FIELDS vs. BRIAN L FIELDS Register of Actions 816/2007 Filing: Petition Relating to Custody & MORROW, KATHY A. Divorce Modification, Contempt, Etc Paid by: KENT H. PATTERSON, ESQ. Receipt number: 0028457 (Manual Receipt # 45039) Dated: 8/6/2007 Amount: $75.50 (Check) 817/2007 Order dated 08/06/07 filed. Hearing scheduled. Exit cc to parties on distribution, file. (CUSTODY CONFERENCE 09/11/2007 08:30 AM) 9/512007 Defendant's Answer to Plaintiff's Petition for Modification of Custody Order, filed. Exit is copy to atty, file. Motion to Transfer Venue, filed. Exit is copies to atty., file. 9/17/2007 Temporary Order dated 09/11/07, filed. Exit cc to distribution list, file. 10/23/2007 Order dated 10/19107 "Defendant's Motion to Transfer Venue, said motion is hereby GRANTED." Exit is cc to distribution list, Judge Walsh in Franklin County, file. REHKAMP, C. JOSEPH MORROW, KATHY A. MORROW, KATHY A. MORROW, KATHY A. REHKAMP, C. JOSEPH User: RUTH S } Q: O Z O 2 H O a CL W 0 j CHRISTINA V. FIELDS V. BRIAN L. FIELDS i AN THE COURT OF COMMON PLEAS :OF THE 41s' JUDICIAL DISTRICT :OF PENNSYLVANIA - :PERRY COUNTY BRANCH :NO. FC-2007-188 TEMPORARY ORDER AND NOW, September 11, 2007, this will be a Temporary Order without prejudice to the venue issue. 1. The parents shall continue to have shared legal custody and Mother will have primary physical custody of the children. Ii j 2. Father shall have times of partial custody as follows: I (a) Every other weekend from Friday at 5:30 p.m. through Sunday at 6:00 p.m. (b) Every Thursday evening from 4:00 p.m. until 8:00 p.m. (c) Every other Monday after the off weekend, that is, after the weekend when Father does not have the children 3. With regard to transportation for the alternating weekends, Mother shall drop the children off at Father's residence and Father shall return the children to Mother's residence. For the weekday afternoon evening times, Father shall pick up the children at Mother's parents' home, that is the maternal 7 a, d J. -" = grandparents, and Mother shall pick up the children from 1 her', ---{1 ? c= C7 residence ?'- . ? :r > t C> ? 1"Y i J ?I There could be an issue that there would be some Fridays where Mother would not be able, because of her work schedule, to drop the children off at Father's until approximately 6:30 p.m. BY THE COURT, cc: Kent Patterson, Esquire Seth Mosebey, Esquire Court Administrator File 0 0 F:\F[LES\Clients\l 1905\1 1905. l .mot l Crcated: 9/20/04 0:06PM Revised: 9/5107 a52PM Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHRISTINA V. FIELDS, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : PERRY COUNTY, PENNSYLVANIA V. : No. FC 2007-188 BRIAN L. FIELDS, Defendant : CIVIL ACTION - CUSTODY MOTION TO TRANSFER VENUE AND NOW comes Defendant, Brian L. Fields, by his attorney, Jennifer L. Spears, Esquire, and files this Motion to Transfer Venue to Franklin County and in support thereof avers as follows: 1. Defendant is Brian L. Fields ("Father"), an adult who resides at 16 Sir William Drive, Newville, Cumberland County, Pennsylvania. 2. Plaintiff is Christina V. Fields ("Mother"), an adult who resides at 405 Meadow Drive, Shippensburg, Franklin County, Pennsylvania. 3. Mother and Father are the parents of two children, Shannon M. Fields, born June 21, 1996, and Ian M. Fields, born October 31, 1997. 4. The parties currently have custody pursuant to a Perry County Court of Common Pleas Order dated October 14, 2004, a copy of which is attached as Exhibit "A." 5. Since the children's birth, they have resided with the following persons at the following addresses for the following periods of time: Date Location Individual June 21, 1996 - Late 2002 398 Kings Hwy, Lot 51 Marysville, PA Late 2002-May 22, 2004 Unknown address in Dauphin County May 22, 2004 - January 2007 505 Meadow Drive, Shippensburg, PA January 2007 to present 405 Meadow Drive, Shippensburg, PA _a Mother/Father Mother Mother Mother „r 0 0 6. The parties have participated in previous litigation concerning the custody of the children in Perry County, however neither party has any contacts with Perry County, Pennsylvania since Mother and the children moved to Franklin County in May of 2004. 7. Pursuant to Pennsylvania Rule of Civil Procedure 1915.2(a)(1) and the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S. Section 5401, et seq., the proper venue for a custody action is the home county of the children. 8. Pa. R.C.P 1915.2 provides: (a) An action may be brought in any county (1) (i) which is the home county of the child at the time of commencement of the proceeding, or (ii) which had been the child's home county within six months before commencement of the proceeding and the child is absent from the county because of the child's removal or retention by a person claiming the child's custody or for other reasons and a parent or person acting as parent continues to live in the county; or (2) in which it is in the best interest of the child that the court decide the matter because the child and the child's parents, or the child and at least one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships; or (3) in which the child is physically present and the child has been abandoned or it is necessary in an emergency to protect the child because the child has been subjected to or threatened with mistreatment or abuse and is otherwise neglected or dependent; or (4) in which it appears that venue would not be proper in any other county under prerequisites substantially in accordance with paragraph (1), (2) or (3), or another court has declined to decide the matter on the ground that the court before which the action is pending is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that the court decide the matter. (b) Except under paragraphs (3) and (4) of subdivision (a), physical presence of the child within a county, or of the child and one of the parties, is not alone sufficient to establish venue. (c) Physical presence of the child, while desirable, is not a prerequisite to venue. (d) For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought at the time of filing the petition to transfer. It shall be the duty of the prothonotary of the court in which the action is pending to forward to the prothonotary of the county to which the action is transferred certified copies of the docket entries, process, pleadings and other papers filed in the action. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case. 9. The minor children have resided in Franklin County, Pennsylvania, for the last six months and it is clearly the home county of the minor children. Consequently, under both the Pennsylvania Rules of Civil Procedure and the Uniform Child Custody Jurisdiction and Enforcement Act this action may be transferred to Franklin County. WHEREFORE, Defendant requests your Honorable Court to transfer this action to Franklin County. MARTSON LAW OFFICES By Date: September 5, 2007 hnnif r pears, Esquire 10 Ea t H gh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff • • VERIFICATION The foregoing Motion to Transfer Venue is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal pE 0 0 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion to Transfer Venue was served this date by facsimile addressed as follows: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 (717) 233-6280 MARTSON LAW OFFICES By Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 5, 2007 fi 0 F. \FILEWhents\ 11905\11905. I . ans I Created: 9/20/04 0:06PM Revised. 915107 0.52PM Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHRISTINA V. FIELDS, Plaintiff, V. BRIAN L. FIELDS, Defendant 0 xr C t. IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA No. FC 2007-188 CIVIL ACTION - CUSTODY DEFENDANT'S ANSWERTO PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Defendant, Brian L. Fields, by his attorney, Jennifer L. Spears, Esquire, and files this Answer to Plaintiff's Petition for Modification of Custody Order as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. Specifically, Defendant believes that the parties' children have resided with the following persons at the following addresses for the following periods of time: Date Location Individual June 21, 1996 - Late 2002 398 Kings Hwy, Lot 51 Marysville, PA Plaintiff/Defendant Late 2002-May 22, 2004 Unknown address in Dauphin County Plaintiff May 22, 2004 - January 2007 505 Meadow Drive, Shippensburg, PA Plaintiff January 2007 to present 405 Meadow Drive, Shippensburg, PA Plaintiff r It 6. Admitted. 7. Admitted. 8. Denied. Plaintiff's Petition is a document which speaks for itself. 9. It is admitted that Defendant moved to California in 2002. The current Custody Order is a document which speaks for itself. 10. Admitted. 11. Denied. Plaintiff's characterization Defendant's contact and visitation is inaccurate. 12. Denied. Father has had more than 4 weeks of physical custody over the summer. Further, Mother is currently withholding custody of the children. 13. Denied. The children have not experienced anxiety and stress as a result of Defendant's "re-entry" into their lives. 14. Denied. Plaintiff's Petition is a document that speaks for itself. It is further denied that Plaintiff is entitled to the relief requested. 15. It is admitted that Plaintiff has been the primary care giver for the children; however, it is denied that Plaintiff is the parent best able to provide a stable living environment for the children. 16. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 17. Denied. The best interests and permanent welfare of the children will not be served by granting the relief requested in Plaintiff's Petition. 18. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. WHEREFORE, Defendant requests this Honorable Court issue and order denying the relief requested in Plaintiff's Petition. MARTSON By J 0?m L pears, Esquire 10 E st High Street Carlisle, PA 17013 (717) 243-3341 Date: September 5, 2007 Attorneys for Defendant $ NI VERIFICATION The foregoing Defendant's Answer to Plaintiff's Petition for Modification of Custody Order is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Fields 0 0 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer to Plaintiff's Petition for Modification of Custody Order was served this date by facsimile addressed as follows: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 (717) 233-6280 MARTSON LAW OFFICES - - A( -) By ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 5, 2007 CHRISTINA V. FIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH j0&-Vtvzc5 A)eW F,+mlr,y eoucr v. (NO. 2003-482 02007 1ST BRIAN L. FIELDS, . Defendant CIVIL ACTION - CUSTODY ORDER OF COURT You, Brian L. Fields, have been sued in court to modify a custody order concerning the children, Shannon M. Fields and Ian M. Fields. You are ordered to appear in person at the Perry County Courthouse, Center Square, New Bloomfield, PA 17068, on the ?- day of 2007, at F'5 a.m. for Custody Court. The Court directs that within sixty (60) days after service, both parties shall register and attend the "Education Program for Separated Parents" by mailing the pre-printed . 00 registration form, along with a registration fee of $ to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. C? d C7 --q _5 !' t c C ---i rn C:: C7 Page 1 of 2 AA /7' 0 0 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRIING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCTED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Perry County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date. ©7 S? J. Page 2 of 2 ?n • CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant • : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH • ?rev?aus (NO. 2003-482 : rn?? ?'? aoo,-1 Sg CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Petitioner/Plaintiff, Christina V. Fields, by her attorney, Kent H. Patterson, and files this petition for modification of custody order, based on the following: 1. Petitioner/Plaintiff is Christina V. Fields, (hereinafter referred to as "Mother") who currently resides at 405 Meadow Drive, Shippensburg, Franklin County, Pennsylvania (Shippensburg, PA 17257). 2. Respondent/Defendant is Brian L. Fields, (hereinafter referred to as "Father") who currently resides at 16 Sir William Drive, Borough of Newville, Cumberland County, Pennsylvania (Newville, PA 17241). 3. The parties are the parents of the following children: Shannon M. Fields, born June 21, 1996, age 11 ("Shannon"134 Ian M. Fields, born October 31, 1997, age 9 ("Ian")T'= (collectively the "children"). ?Ty w. • • 4. The parties were husband and wife but were divorced on October 18, 2004 by decree in divorce issued by the Court of Common Pleas of the 41st Judicial District of Pennsylvania, Perry County Branch, docketed to the number referred to in the caption above. 5. During the past five years the children have primarily resided with following persons at the following addresses: Persons Address Date Christina V. Fields 398 Kings Highway November 2002 - Lot #51 July 2003 Marysville, PA 17053 Christina V. Fields Christina V. Fields Clifford Grim Val Grim Christina V. Fields 130 Oakwood Avenue Dauphin, PA 17018 411 Maple Hill Avenue Shippensburg, PA 17257 505 Meadow Drive Shippensburg, PA 17257 July 2003 - February 2004 March 2004 - May 2004 June 2004 - January 2007 Christina V. Fields 405 Meadow Drive January 2007 - Shippensburg, PA 17257 Present 6. Mother currently resides with the following persons: None except children 7. Father currently resides with the following persons: Melisa Cochran 8. Mother seeks modification of the current custody order entered by the court dated October 14, 2004, a copy of which is attached to this petition and marked Exhibit A. -2- 0 0 9. Father moved to California in November 2002 and the current custody order was structured to accommodate the geographical distance between Mother and Father. It provides for Mother and Father to have joint legal custody; Mother to have primary physical custody; and Father to have partial physical custody during the summer (beginning the first full week after the end of school and ending the beginning of the first full week prior to the beginning of the next school year) and, in alternating years, during the Christmas break and Spring break from school. 10. Father moved back to Pennsylvania on May 16, 2007 where he resides with his wife, Melisa Cochran. 11. During the intervening years when Father lived in California, he had limited contact with the children and limited his rights of partial custody during the summer to approximately two weeks each summer except one summer when one of the children, Shannon, stayed for six weeks. 12. Father has had custody of the children for approximately four weeks at various times during this summer and currently has physical custody of them. 13. The children have experienced anxiety and stress as a result of the re-entry of Father into their lives after years of -3- 0 0 absence and they have expressed a desire to return to Mother for the remainder of the summer. 14. Mother requests that the current custody order be modified to provide that Mother continue to have primary physical custody of the children and that Father have periods of partial physical custody on weekends and other times for the remainder of the summer and throughout the school year. 15. Mother has been the primary care giver for the children throughout their lives and is the parent who is best able to provide a stable living environment for them. 16. Except for the within action, Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Except for the within action, Mother has no information of a custody proceeding pending in a court of this commonwealth. Mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 17. The best interests and permanent welfare of the children will be served by granting the relief requested. -4- • 18. Plaintiff has been advised of the requirement to attend the seminar titled "Education Program for Separated Parents" offered by Penn State. WHEREFORE, Plaintiff/Petitioner requests your Honorable Court to issue an order for custody as set forth in this petition. Ken H. Patterson Attorney for Plaintiff/Petitioner 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 -5- J • VERIFICATION I, Christina V. Fields, verify that the statements in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Christina V. Field 71,-2047 Dat • • CHRISTINA V. FIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH V. NO. 2003-482 BRIAN L. FIELDS, Defendant IN DIVORCE - CUSTODY ORDER OF COURT AND NOW this Y day of 04? , 2004, upon consideration of the stipulation submitted by plaintiff, Christina V. Fields (hereinafter referred to as "Mother"), and defendant, Brian L. Fields (hereinafter referred to as "Father"), it is hereby ordered and decreed as follows: 1. Mother and Father shall have shared legal custody of their minor children, Shannon M. Fields, born June 21, 1996 ("Shannon"), and Ian M. Fields, born October 31, 1997 ("Ian") (collectively the "children"). Major, non-emergency decisions concerning the children, including but not necessarily limited -v ? to, the children's health, welfare, education and religiouv M o e°) training shall be made by them jointly, after discussion r consultation with each other, with a view towards obtain anj ? cn = following a harmonious policy in the children's best inte?estsi cn c=, -.J Day to day decisions shall be the responsibility of the pa3'ent ERTI IED TWE CO Y DEPilTY ROT 3'0 o? 3 --a m 0 C3 M C'*) Ca 0 0 then having physical custody. The parent having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with him or her as soon as practical. In accordance with 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, and the resident address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Mother shall have primary physical custody of the children. Mother shall have physical custody of the children during the school year, except for the times specified for Father. 3. Father shall have physical custody of the children as follows: 2 C a. During the summer vacation, commencing the beginning of the first full week after the end of the school year and continuing until the beginning of the first full week prior to the beginning of the next school year. b. During the Christmas break, in alternating years beginning in the year 2004, commencing on the last day of school and continuing until the day before school resumes in the new year. C. During the Spring break in alternating years beginning the year 2006, commencing on the last day of school and continuing until the day before school resumes. 4. Since Mother lives in Pennsylvania and Father lives in California, there will be transportation costs. With regard to the summer vacation and Christmas break, Father shall pay for the children's airfare to California and Mother shall pay for the return flight to Pennsylvania. Father shall be solely responsible for transportation costs for Spring break. 5. If Father should come to Pennsylvania at times other than his scheduled periods of physical custody, Mother, upon reasonable notice, will cooperate in allowing him to spend time with the children, including overnight visits if practicable and reasonable. 3 6. The parties agree to cooperate with one another in the implementation of the custody schedule and understand and agree that other changes or modification in the schedule, at times specified, may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the children. 7. Mother and Father agree to cooperate with one another to encourage the children's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the children's relationship with either parent. Neither party shall make disparaging comments about the other in front of the children; nor will they permit any other relative or any other third party to do so. 8. Upon knowledge of pending relocation of either parent, temporary, or permanent, each parent must inform the other of their address and telephone number within thirty (30) days. 9. During any period of custody, the parent having custody shall not possess or use any controlled substances and shall not consume alcoholic beverages to the point of intoxication. The parent shall likewise assure, to the extent 4 possible, that other household members and/or guests comply with this prohibition. 10. During any period of custody, the parent having custody shall be responsible for having the children take any medications prescribed by the children's physician or other medical care provider. 11. The parties agree that the children shall have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his/her right to p#ysical custody. 12. The Court of Common Pleas of Perry County shall retain jurisdiction in this case. 11 BY THE COURT: ISI C.JOSH REf(AMP J. -off 0 - ;= rn =0 .... _ 1 ?' C 1 ! -) M t"? .. rn .s 5 Date: 11/2/2007 41st Judo District of PA, Perry County Branch Time: 08:07 AM Complete Case History Page 1 of 2 Case: CV-DV-2003-00482 CHRISTINA V FIELDS vs. BRIAN L FIELDS Filed: 6/10/2003 Subtype: Divorce Physical File: Appealed: N Comment: SEE NEW #FC 2007-188 Status History FINAL DECREE 10/18/2004 Appealed to 41st Judicial Court 10/18/2004 Judge History Date Judge Reason for Removal 6/10/2003 UNASSIGNED, Current Payments Receipt Date Type FIELDS, CHRISTINA V (plaintiff; 6754 6/10/2003 Civil Filing MCS 20303 6/7/2005 Miscellaneous Subpoenas 6.36 Total Miscellaneous Receipts Receipt Date 20303 6/7/2005 Subpoenas Plaintiff Name: FIELDS, CHRISTINA V Address: 405 MEADOW DRIVE SHIPPENSBURG PA 17257 Phone: Home: Work: Employer: Litigant Type: Comment: Attorneys PATTERSON, KENT H. ESQ Defendant (Primary attorney) Name: FIELDS, BRIAN L Address: 16 SIR WILLIAM DRIVE NEWVILLE PA 17241 Phone: Home: Work: Employer: Litigant Type: Comment: 6.36 Sum SSN: DOB: Sex: Send notices: Y Send Notices SSN: DOB: Sex: Send notices: Y User: RUTH S Amount 70.50 6.36 76.86 a O O 6.36 D O0 H ? Q p 0 w w a _ u_ Of D w U CL w w 0 Hearings From To Judge Type 9/11/2007 08:30 AM REHKAMP, C. JOSEPH CUSTODY CONFERENCE Date: 11/2/2007 41st Judo District of PA, Perry County Branch 0 User: RUTH S Time: 08:07 AM Complete Case History Page 2 of 2 Case: CV-DV-2003-00482 CHRISTINA V FIELDS vs. BRIAN L FIELDS Register of Actions 5/29/2003 Filing: Complaint Divorce & Custody Paid UNASSIGNED, by: FIELDS, CHRISTINA V (plaintiff) Receipt number: 0006754 Dated: 0529/2003 Amount: $70.50 (Check) 7/15/2003 Certificate of Service filed. Exit is copy to UNASSIGNED, atty, file. 10/13/2004 Praecipe to Transmit Record, Affidavit of UNASSIGNED, Service, Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code for both plaintiff and defendant, and Vital Stat Form filed. Exit to judge. Stipulation for Custody Order and Order of UNASSIGNED, Court filed. Exit to judge. 10/14/2004 Order of Court dated 10-14-04 filed. Exit REHKAMP, C. JOSEPH cc to parties on distribution, file. 10/18/2004 Final Decree in Divorce dated 10-18-04, MORROW, KATHY A. exit cc to atty, file. 6/6/2005 Correspondence requesting 2 subpoenas, UNASSIGNED, filed, file. 6/7/2005 Miscellaneous Payment: Subpoenas Paid UNASSIGNED, by: MCS Receipt number: 0020303 Dated: 6/7/2005 Amount: $6.36 (Check) 7/8/2005 Certificate Prerequisite to Service of a UNASSIGNED Subpoena Pursuant to Rule 4009.22 dated , a 7-5-05 filed. Exit is to atty, file. 0 8/7/2007 Order dated 08/06/07 filed. Hearing REHKAMP C. JOSEPH w O scheduled. Exit cc to parties on , D p distribution, file. (CUSTODY CONFERENCE 09/11/2007 08:30 AM) ¢ p w a - F ? W W U a MCS R 1601 Market Street, Suite 800 / Philadelphia, Pennsylvania 19103-2399 / (215) 246-0900 Fax Number: (215) 246-0959 Date: -V - (P 0 - ? Prothonotary: In accordance with Rule 4009, enclosed find two sets of 'Prerequisite to Service of a Subpoena' and Subpoena for each location. Please time stamp both sets, file one set in your office and return one set to MCS in the enclosed self-addressed envelope. Thank you for your prompt attention to this matter. Sincerely, ?C Janice McCaffrey Supervisor-Data Entry C co 0 0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CHRISTINA V. FIELDS -VS- BRIAN L. FIELDS COURT OF COMMON PLEAS TERM, CASE NO: 2003-482 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JENNIFER L. SPEARS, ESQ. c__ --i certifies that - r' Cq -- (1) A notice of intent to serve the subpoena with a copy of the subPoeta `D attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to-be served, o , (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/05/2005 MC on behalf ZAS J F ER SP , 4tQ0 Attorney for DEFENDANT DE11-570046 9 6 8 9 7- L 0 1 (--0M v1QN =','.LTN OF PFN' iE('_VA.,N1A (-)(,NT`( OF PERRY CHRISTINA M. FIELDS -VS- CASE NO: 2003-482 BRIAN L. FIELDS ST3POE-.\4A TO PRODUCE DOCL'ti1E. TS OR THINGS OR DISCOVERY PURSUANT TO RULE 400912 10: CUSTODIAN OF RECORDS FOR: GUIDANCE y ASSOCIATES OF PA. (dame of Person or Entity) Within twenty (2-0) days after service of this subpoena you are ordered by the court to produce the toliow-ing documents or things: SEE ATTACHED at MCS GROUP INC, 1601 MARKET ST, STE 800 , PHILA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested to this subpoena, together with he certificates of compliance, to the parr making this request at the address listed above. You have the right to seek in advance the reasonabie cost of preparing --e copies or producing the things sought. If you fail to produce the documents or things required by this subpoena w-it in twenty (20) davs after its service, the par^? .crying this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE RE-QUEST OF TIC FOLLOW-1-"G PERSON: Name: JENNIFER L. SPEARS, ESQ. Address: 10 EAST HIGH ST,P.O. BOX 609 CARLISLE, PA 17013 Teleahone: (215)246-0900 Supreme Court ID T Attorney For DEFENDANT 07/05/2005 , DATE: Y ^ ?0? o o Seal of the Court pe c? CCD C c, CA 5 C r"Eff. 9-11" co _ C O M M O N W E A L T H OF P E N N S Y L VAN T A COUNTY OF PERRY C O UN T Y IN THE MATTER OF: COURT OF COMMON PLEAS CHRISTINA V. FIELDS -VS- BRIAN L. FIELDS TERM, CASE NO: 2003-482 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GUIDANCE ASSOCIATES OF PA. MEDICAL RECORDS TO: KENT PATTERSON, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of JENNIFER L. SPEARS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/13/2005 CC: JENNIFER L. SPEARS, ESQ. - 11371.53 Any questions regarding this matter, contact MCS on behalf of JENNIFER L. SPEARS, ESQ. Attorney for DEFENDANT C7 THE MCS GROUP INC.-"'I" ° ' -73 1601 MARKET STREET- Co . ; #800 PHILADELPHIA, PA 14103 (215) 246-0900 W zw'? DE02-303351 9 6 8 9 7- C O 1 0 0 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GUIDANCE ASSOCIATES OF PA. 412 ERFORD ROAD CAMP HILL, PA 17011 RE: 96897 SHANNON M. FIELDS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. CHART ID #5885. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records; including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : SHANNON M. FIELDS 398 KINGS HIGHWAY, MARYSVILLE, PA 17053 Date of Birth: 06-21-1996 co -a SU10-568772 96 8 9 7- L O 1 0 0 S 1601 Market Street, Suite 800 / Philadelphia, Pennsylvania 19103 / (215) 246-gO(,F Fax Number: (215) 246-0959 "mar= L www.themcsgroup.com ;. --i :. n c") C--) %a iii Attached please find a check in the amount of $ to cover th e cost C)f subpoenas CASE DAME 0- 11S, 1217? 1) . ?1-e'l s To Produce Records Attend and Testify if you have any questions regarding this matter, please contact me immediately Sincerely, a Janice McCaffrey Supervisor, Data Entry Enclosure J MC/ck • •. Commonwealth of Pennsylvania 41St Judicial District, Perry County Branch CHRISTINA V. FIELDS PLAINTIFF vs. BRIAN L. FIELDS IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH NO. 2003-482 ::u ?' `- na C ° D v 3 DEFENDANT . rj -f M Decree in Divorce = N C 1' AND Now, , Ye ar 2004, It is ordered and decreed that CHRISTINA V. FIELDS , Plaintiff, and BRIAN L. FIELDS , Defendant, are divorced from the bonds of matrimony. BY THE COURT, Judge Certified Year '&z. - P honotary • OF PENNSYLVANIA LT H105.157 REV. 5-97 H COMMONWEA DEPARTMENT OF HEALTH VITAL RECORDS STATE FILE NUMBER RECORD OF COUNTY DIVORCE OR ANNULMENT STATE FILE DATS-0 tv PERRY (CHECK ONE) ? ' O O2 --? HUSBAND --{ 1. NAME (First) (Mid#e) (Last) 2. DATE (Month) G ( (Year) 70 OF BIRTH --1 3. RESIDENCE Street or R.D. Ciry, Boro . or Top. County state 4. PLACE ( > 1 n orelg?trOUrl OF 7!15 East Aven e 4 Los Angeles , Los Angele s. CA BIRTH 5. UMBER 6. RACE 7. USUAL OCCUPATION OF THIS WHITE BLACK OTHER (specify) MARRIAGE 1 WIFE 8. MAIDEN NAME (First) (Midge) (Last) 9. DATE (Monm) (Vey) (Tear) OF Christina Verl Grim BIRTH 6 8 196 10. RESIDENCE Street or R.D. City, Boro . or Twp. County state 11. PLACE (State or Foreign Country) OF Meadow - 1 1 C.1LL1111LL 12. NUMBER 3. RACE 14. USUAL OCCUPATION OF THIS WHITE I BLACK 1 OTHER (Specify) MARRIAGE 1 F71 Administrative Ass istant 15. PLACE OF (County) (State or Foreign Country) 16. DATE OF (Month) (Day) (Year) THIS THIS MARRIAGE Waln ut Bottom, MARRIAGE 13 ( 17A. NUMBER OF 78. NUMBER OF DEPENDENT 18. PLAINTIFF WIFE OTHER (Specify) S. DECREE GRANTED TO HUSBAND WIFE OTHER (Specify) CHILDREN THIS CHILDREN UNDER 18. HUSB AND ® ? ? 91 ? MARRIAGE 2 2 ? 20. NUMBER OF HUSBAND WIFE SPLIT CUSTODY OTHER (Specify) 21. LEGAL GROUNDS FOR CHILDREN O ? ? F7 DIVORCE OR ANNULMENT CUSTODY OF IAA-thl (maul 1yearl 23. DATE REPORT S ENT /Month) (Dav) (Year) TO VITAL RECORDS 24. SIGNATURE OF TRANSCRIBING CLERK • • CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH NO. 2003-482 IN DIVORCE - CUSTODY ORDER OF COURT AND NOW this Iq day of dC/6 k / / 2004, upon consideration of the stipulation submitted by plaintiff, Christina V. Fields (hereinafter referred to as "Mother"), and defendant, Brian L. Fields (hereinafter referred to as "Father"), it is hereby ordered and decreed as follows: 1. Mother and rather shall have shared legal custody of their minor children, Shannon M. Fields, born June 21, 1996 ("Shannon"), and Ian M. Fields, born October 31, 1997 ("Ian") (collectively the "children"). Major, non-emergency decisions v concerning the children, including but not necessarily li-t :X to, the children's health, welfare, education and religl" training shall be made by them jointly, after discussion a o n consultation with each other, with a view towards obtainii?Faxlff ca -n ctt following a harmonious policy in the children's best inters. If Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with him or her as soon as practical. In accordance with 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, and the resident address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Mother shall have primary physical custody of the children. Mother shall have physical custody of the children during the school year, except for the times specified for Father. 3. Father shall have physical custody of the children as follows: 2 a. During the summer vacation, commencing the beginning of the first full week after the end of the school year and continuing until the beginning of the first full week prior to the beginning of the next school year. b. During the Christmas break, in alternating years beginning in the year 2004, commencing on the last day of school and continuing until the day before school resumes in the new year. C. During the Spring break in alternating years beginning the year 2006, commencing on the last day of school and continuing until the day before school resumes. 4. Since Mother lives in Pennsylvania and Father lives in California, there will be transportation costs. With regard to the summer vacation and Christmas break, Father shall pay for the children's airfare to California and Mother shall pay for the return flight to Pennsylvania. Father shall be solely responsible for transportation costs for Spring break. 5. If Father should come to Pennsylvania at times other than his scheduled periods of physical custody, mother, upon reasonable notice, will cooperate in allowing him to spend time with the children, including overnight visits if practicable and reasonable. 3 6. The parties agree to cooperate with one another in the implementation of the custody schedule and understand and agree that other changes or modification in the schedule, at times specified, may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the children. 7. Mother and Father agree to cooperate with one another to encourage the children's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the children's relationship with either parent. Neither party shall make disparaging comments about the other in front of the children; nor will they permit any other relative or any other third party to do so. 8. Upon knowledge of pending relocation of either parent, temporary, or permanent, each parent must inform the other of their address and telephone number within thirty (30) days. 9. During any period of custody, the parent having custody shall not possess or use any controlled substances and shall not consume alcoholic beverages to the point of intoxication. The parent shall likewise assure, to the extent 4 • possible, that other household members and/or guests comply with this prohibition. 10. During any period of custody, the parent having custody shall be responsible for having the children take any medications prescribed by the children's physician or other medical care provider. 11. The parties agree that the children shall have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his/her right to physical custody. 12. The Court of Common Pleas of Perry County shall retain jurisdiction in this case. rs p 3 -V= o -4 ?y r ? 't't t C-7 3 _J t" 5 BY THE COURT: 1, Y r ?: ?' t" 6,,,.ew CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant • : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA,PERRY COUNTY BRANCH NO. 2003-482 IN DIVORCE - CUSTODY STIPULATION FOR CUSTODY ORDER AND NOW this day of ?_41L7 2004, it is stipulated between plaintiff, Christina V. Fields (hereinafter referred to as "Mother") and defendant, Brian L. Fields (hereinafter referred to as "Father"), as follows: 1. Mother and Father shall have shared legal custody of their minor children, Shannon M. Fields, born June 21, 1996 ("Shannon"), and Ian M. Fields, born October 31, 1997 ("Ian") (collectively the "children"). Major, non-emergency decisions concerning the children, including but not necessarily limited to, the children's health, welfare, education and religious training shall be made by them jointly, after discussion ajid d p C:) consultation with each other, with a view towards obtain3TT am -4 rn following a harmonious policy in the children's best intet9t, -3 f -v CD c Day to day decisions shall be the responsibility of the pS' nt. r-i .?? . C) then having physical custody. The parent having physical c o F, O custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with him or her as soon as practical. In accordance with 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, and the resident address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Mother shall have primary physical custody of the children. Mother shall have physical custody of the children during the school year, except for the times specified for Father. 3. Father shall have physical custody of the children as follows; a. During the summer vacation, commencing the beginning of the first full week after the end of the school 2 11 year and continuing until the beginning of the first full week prior to the beginning of the next school year. b. During the Christmas break, in alternating years beginning in the year 2004, commencing on the last day of school and continuing until the day before school resumes in the new year. C. During the Spring break in alternating years beginning the year 2006, commencing on the last day of school and continuing until the day before school resumes. 4. Since Mother lives in Pennsylvania and Father lives in California, there will be transportation costs. With regard to the summer vacation and Christmas break, Father shall pay for the children's airfare to California and Mother shall pay for the return flight to Pennsylvania. Father shall be solely responsible for transportation costs for Spring break. 5. If Father should come to Pennsylvania at times other than his scheduled periods of physical custody, Mother, upon reasonable notice, will cooperate in allowing him to spend time with the children, including overnight visits if practicable and reasonable. 3 • 6. The parties agree to cooperate with one another in the implementation of the custody schedule and understand and agree that other changes or modification in the schedule, at times specified, may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the children. 7. Mother and Father agree to cooperate with one another to encourage the children's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the children's relationship with either parent. Neither party shall make disparaging comments about the other in front of the children; nor will they permit any other relative or any other third party to do so. 8. Upon knowledge of pending relocation of either parent, temporary, or permanent, each parent must inform the other of their address and telephone number within thirty (30) days. 9. During any period of custody, the parent having custody shall not possess or use any controlled substances and shall not consume alcoholic beverages to the point of intoxication. The parent shall likewise assure, to the extent 4 possible, that other household members and/or guests comply with this prohibition. 10. During any period of custody, the parent having custody shall be responsible for having the children take any medications prescribed by the children's physician or other medical care provider. 11. The parties agree that the children shall have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his/her right to physical custody. 12. The Court of Common Pleas of Perry County shall retain jurisdiction in this case. IN WITNESS WHEREOF and intending to be legally bound hereby, the parties have executed this stipulation on the date set forth next to their names and request that the court enter an order adopting and incorporating the terms of this stipulation. WITNESS: V?,AL16 Date / f Christina Fields / Date U /o of ri Fields 5 CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant : IN THE COURT OF COMMON PLEAS OF : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH NO. 2003-482 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree. 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On June 25, 2003, by U.S. certified mail. A certificate of service has been filed with the prothonotary. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on October 11, 2004, and by defendant on October 7, 2004. 4. Related claims pending: None. No economic claims have v been raised. ° J! 3 "'Q= o -? 5. Date plaintiff's waiver of notice in Section 33m(cv, -+ _ rn divorce was filed with the prothonotary: w? CA o ca ? -u o v? 3 m n C-) r, Page 1 of 2 c--° t .., .??r? ?? ?-aa ,,.,.f ?--?- R .. ?.s (.t • Date defendant's waiver of notice m?in"" Section 3301(c) divorce was filed with the prothonotary: C?y,--? 13,10a4-. /??, /77A?4r?-?? Kent H. Patterson Dated:- U" U, t- -,w Attorney for plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 Page 2 of 2 CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant • : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH NO. 2003-482 IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 29, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that my spouse and I participate in counseanorwr to a Decree in Divorce being handed down by the Court. ?x m I verify that the statements made in this affidavit.) re tri and correct. I understand that false statements hereie??ad subject to the penalties of 18 Pa. C.S. §4904 N O relating toZ*niworg falsification to authorities. Date /017/C70?" C'?, l . CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH NO. 2003-482 IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 29, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that my spouse and I participate in counseling prior ..o "4 *7 to a Decree in Divorce being handed down by the Court. I verify that the statements made in this affidavig; c-::KrVAts'* -7J CD r and correct. I understand that false statements herei grema" subject to the penalties of 18 Pa. C.S. §4904 relating nWrtW falsification to authorities. r m Date CHRISTINA V. F DS Cl> e._a 11 CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant • : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH NO. 2003-482 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are boue and correct. I understand that false statements herei%ir rn subject to the penalties of 18 Pa. C.S. Section 4909 roqii?:ira tv v unsworn falsification to authorities. ?® W I Q? ( l ? F \YJ Date CHRISTINA V. FIELDS C? s+J CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant • : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH NO. 2003-482 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 7 *a C7 I verify that the statements made in this affidavit e n?-+ and correct. I understand that false statements herein ;mQe d subject to the penalties of 18 Pa. C.S. Section 4909 rela unsworn falsification to authorities. Jr 1dz21)0a4- Date ., .? .? ,,?..,, ?,.... ?? CHRISTINA V. FIELDS, Plaintiff v. BRIAN L. FIELDS, Defendant : IN THE COURT OF COMKON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA, PERRY COUNTY BRANCH NO. 2003-482 IN DIVORCE CERTIFICATE OF SERVICE I, Kent H. Patterson, attorney for plaintiff, hereby certify that I served defendant with the complaint in divorce on June 20, 2003 by mailing a copy of same by U.S. certified mail, postage paid, addressed to defendant as follows: v z; Brian L. Fields 1316 E1 Paso Drive Los Angeles, CA 90065 V Attached hereto are the send4ulp receipt card which is signed by Brian date of delivery of June 25, 2003. D 0 0 3 ?a V , " 7 regeipg and the return L Fields and indicates a /(f - - t */,i ent H. Patterson Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH : NO. 2003-482 : IN DIVORCE uT CA 900f65 .?'' postage $ N _U m Certified Fee S2--W Post Return Receipt Fee 11.75 (Endorsement Required) ? O [3 Restricted Delivery Fee (Endorsement Required) $0.00 .'???/ it 13 es & P ttCC e Total postage 13 mailer) d b ient s Name (Plea ecl Print Clearly) (to be y complete p IIA4 L- 2 _ -- ? EI S --------- ---------- --------------- Street, Apt. No.; or PO B ox No. VL b Pj --------- -- 3t ?° E`_- !A ------ -------- so ---------- ----- ---------- ZIP+4 -City, State, ( t M?? 6 /n _ SENDER: i l i I also wish to receive the w ces. ¦ Complete items 1 and/or 2 for addit ona serv ¦ Complete items 3, 4a. and 4b. following services (for an 0 ¦ Print your name and address on the reverse of thi s form so that we can return this extra fee): card to you. a Attach this form to the front of the mailpiece, or on the back if space does not ermit 1. ? Addressee's Address u m ? . p ¦ Write "Return Receipt Requested" on the maNpiece below the article number. 2.0 Restricted Delivery M ¦ The Return Receipt will show to whom the article delivered. was delivered and the date Consult postmaster for fee. EL 0 m 3. Article Addressed to: ?,ei a ?; L F c Ds 4a. Article Number 70 ?ydD o0/6?7y?y & EL 04SO ?ejV f ° 4b. Service Type E _ S SIN 6 EC L S ?} s ? Registered Certified °' , ? Express Mail ? Insured c ? Return Receipt for Merchandise ? COD 7. Date of Delivery 0 0 0 5. Received By: (Print Nam 8. Addressee's Address (Only if requested Y and fee is paid) t ` 6. Sig QaWf -?Addres a or Age ~ 0 T orm.3811, December 1994 102595-9e-B-0229 Retum Receipt W, KENT H. PATTERSON ATTORNEY AT LAW 221 PINE STREET HARRISBURG, PENNSYLVANIA 17101 TELEPHONE (717)238-4100 TRANSMITTAL July 14, 2003 TO: Prothonotary Perry County Courthouse P.O. Box 325 New Bloomfield, PA 17068 FROM: Kent H. Patterson RE: Christina V. Fields V. Brian L. Fields 2003-482 In Divorce Enclosed for filing is a Certificate of Service for the case referred to above. Also enclosed is a copy of the certificate. Would you please time stamp the copy and return it to me in the enclosed self addressed, stamped envelope. Please call me if you have any questions. Thank you. KHP/cvf Enclosures • CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant L1 : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH NO. aC DS - LJ'( ?, IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Perry County Courthouse, Center Square, New Bloomfield, Pennsylvania 17068. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Servg3ces 213A N. Front StireCL8 3 Harrisburg, PA.171ft ___j (800) 932-03'6 -v , fN ?D Ml • CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant • : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA, PERRY COUNTY BRANCH NO. o`1 C)U?S - L ?C a- IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Christina V. Fields, by her attorney, Kent H. Patterson, and files this Complaint in Divorce, based upon the following: 1. Plaintiff, Christina V. Fields, is an adult individual who resides at 398 Kings Highway, Lot #51, Borough of Marysville, Perry County, Pennsylvania (Marysville, PA 17053). 2. Defendant, Brian L. Fields, is an adult individual residing at 1316 El Paso Drive, Los Angeles, CA 90065. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 13, 1996 in Walnut Bottom, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 0 0 6. Plaintiff and Defendant are both citizens of the United States of America. 7. Defendant is not a member of the Armed Services of the United States or any of its allies. 8. Plaintiff avers as the grounds on which this action is based are that the marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties participate in counseling. CUSTODY 10. The averments contained in paragraphs 1 through 9 above are incorporated herein by reference and made part hereof. 11. The parties are the parents of the following unemancipated children who reside with and are presently in the custody of Plaintiff, Christina V. Fields: Name Date of Birth Shannon M. Fields June 21, 1996 Ian M. Fields October 31, 1997 The children were not born out of wedlock. 2 • • 12. During the past five years, the children have resided with the following persons at the following addresses: Persons Address Dates Christina V. Fields Christina V. Fields Brian L. Fields 398 Kings Highway Lot #51 Marysville, PA 17053 398 Kings Highway Lot #51 Marysville, PA 17053 November 8, 2003 to present 1996 to November 8, 2003 13. Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other court 14. There are no other proceedings pending involving the custody of the children in this or in any other state. 15. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or claims to have custody, partial custody or visitation rights with respect to the children. 16. The best interests of the children will be served if custody of them is confirmed in Plaintiff, Christina V. Fields, since Plaintiff has been the primary caretaker of the children and will be able to provide a stable living environment for them. 3 0 9 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Christina V. Fields, requests Your Honorable Court to: (A) Enter a Decree in Divorce; (B) Confirm and award custody of the minor unemancipated children to Plaintiff. (C) Grant such further relief as the Court may deem equitable and just. 14L ent H. Patterson Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 „4v 10 V VERIFICATION I, Christina V. Fields, verify that the statements in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Christina V. Fiel s Hate: 2 7 2003 KENT H. PATTERSON ATTORNEY AT LAW 221 PINE STREET HARRISBURG, PENNSYLVANIA 17101 1 TELEPHONE (717)238-4100 TRANSMITTAL May 28, 2003 TO: Prothonotary Perry County Courthouse P.O. Box 325 New Bloomfield, PA 17068 FROM: Kent H. Patterson RE: Christina V. Fields V. Brian L. Fields In Divorce Enclosed for filing is a Complaint in Divorce for the case referred to above. Also enclosed are three copies of the complaint and a check for filing fees of $70.50. Would you please time stamp the copies of the complaint and return them to me along with your receipt in the enclosed self addressed, stamped envelope. Please call me if you have any questions. Thank you. _ c? KHP/cvf _ 0 3 Enclosures - ?D N ?O - . _ r ' ? -? J f V -_ -i 1. i CD ?E r7 ?V _r, -t IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH BRIAN L. FIELDS, CIVIL ACTION - LAW Plaintiff vs. NO. 2007-2742 CHRISTINA V. FIELDS, Defendant IN CUSTODY ORDER OF COURT September 7, 2007, this matter having come before the Court for a routine Thursday morning custody presentation on Thursday, September 6, 2007; and the Court having learned that six (6) days prior to the date Father filed his Complaint for Custody in Franklin County, Mother filed a Petition for Modification of Custody Order in the Court of Common Pleas of the 41 S' Judicial District of Pennsylvania, Perry County Branch docketed to No. FC 2007-188; and that Mother subsequently filed in Perry County a Motion to Transfer Venue; and the undersigned having spoken by telephone with President Judge C. Joseph Rehkamp in Perry County and having agreed initially on a manner of proceeding, IT IS HEREBY ORDERED that this Court declines to enter any Temporary Order for custody and defers to Judge Rehkamp in Perry County who will hear an initial custody presentation on Tuesday morning, September 11, 2007 and in whose court a Motion to Transfer 4 w . Fields v. Fields No. 2007-2742 Order of Court Page 2 Venue is presently pending. IT IS FURTHER ORDERED that proceedings in Franklin County are stayed pending resolution of matters in Perry County or further Order of this Court. Pursuant to the requirements of Pa. R. C.P. 236 (a)(2), (b), (d), the Prothonotary shall immediately give written notice of the entry of this Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notice and the time and manner thereof. By the Court, ry? J. The Prothonotary shall give notice to: Jennifer L. Spears, Esq., Counsel for Brian L. Fields Kent H. Patterson, Esq., Counsel for Christina V. Fields •? F:\FILES\11905\11905.1.cuscom Created: 9/20/04 0:0PM Revised: 8/8/07 2:13PM 34.0 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRIAN L. FIELDS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff FRANKLIN COUNTY, PENNSYLVANIA CHRISTINA V. FIELDS, Defendant NO. - Dad 7-o?7?4Z CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND DIRECTIVE FOR CONCILIATION AND NOW, this day of , 2007, this Order will notify CHRISTINA V. FIELDS, Defendant that you have been sued in Court to obtain shared physical custody of the children: Shannon M. Fields, born June 21, 1996, and Ian M. Fields, born October 31, 1997. It is ordered and directed that , Esquire, the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on 2007 at - in. at the Assigned Room, Third Floor, Franklin County Courthouse, Chambersburg, Pennsylvania. The anticipated length of the Conciliation Conference is one (1) hour. The parties along with their legal counsel shall appear in person at the designated time for the Conciliation Conference. A Memorandum shall be furnished to the Conciliator at least two (2) days prior to the scheduled Conciliation Conference pursuant to 39th Judicial District Civil Rule No. 1915.3(b)(8). Failure to provide said Memorandum may result in the imposition of sanctions. At the Conciliation Conference an effort will be made to see if the issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in defining and narrowing the issues to reduce the time required for hearing by the Court. At the conclusion of the conference, the Conciliator will prepare a Conference Summary Report for further action by the Court. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless personally appear at the time scheduled for the Conciliation Conference without an attorney. f2 The Plaintiff has deposited the sum of $200.00 with the Prothonotary for the cost of the • Conciliation Conference and the Court reserves the right to further assign or divide these costs. CHRISTINA V. FIELDS, Defendant, is notified that if you fail to appear as provided by this Order, and Order of Court for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. Pending the hearing, with emphasis placed on the arrangements for six (6) months preceding the filing of this Complaint and with particular attention paid to the role of primary caretaker, the Court hereby establishes the following Temporary Order for custody pending a hearing: The parties will have a week on/week off schedule with exchanges to take place Friday after school. The children will remain in the same school they attended last year, and Father will be responsible for getting the children to school on his weeks. The Defendant is hereby notified that if she disputes the Plaintiff's averments regarding the current status of the custody arrangements and this Order entered on the basis of those averments, she has the right to request a prompt conference with the Court. If the matter of the temporary custody arrangements is not resolved at the conference, the Court may in atypical factual situations and its sole discretion schedule a brief hearing limited to the issues of determining temporary custody arrangements pending the scheduled Conciliation Conference. The parties and their legal counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter prior to the Conciliation Conference. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BEFORE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 or 717-238-6715 AMERICANS WITH DISABILITIES ACT OF 1990. The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For Information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to the any hearing or business before the Court. You must attend the scheduled conference or hearing. BY THE COURT, J. BRIAN L. FIELDS, IN THE COURT OF COMMON PLEAS OF Plaintiff FRANKLIN COUNTY, PENNSYLVANIA V. NO. C=3 rn p CIVIL ACTION -LAW J C_- CD CHRISTINA V. FIELDS, -< s o r- ? c,-1 Defendant IN CUSTODY ' s ° c:D c? COMPLAINT FOR CUSTODY v>> -- .? -G D -t7 1. Plaintiff is Brian L. Fields, an adult who resides at 16 Sir Willi Drive, Twills, Pennsylvania. 2. Defendant is Christina V. Fields, an adult who resides at 405 Meadow Drive, Shippensburg, Pennsylvania. 3. Plaintiff seeks shared physical custody of the children Shannon M. Fields, born June 21, 1996, and Ian M. Fields, born October 31, 1997. The children were not born out of wedlock. 4. The parties currently have custody pursuant to a Perry County Court of Common Pleas Order dated October 14, 2004, a copy of which is attached as Exhibit "A." 5. Since the children's birth, they has resided with the following persons at the following addresses for the following periods of time: Date Location Individual June 21, 1996 - Late 2002 398 Kings Hwy, Lot 51 Marysville, PA Plaintiff/Defendant Late 2002-May 22, 2004 Unknown address in Dauphin County Defendant May 22, 2004 - January 2007 505 Meadow Drive, Shippensburg, PA Defendant January 2007 to present 405 Meadow Drive, Shippensburg, PA Defendant 6. The relationship of the Plaintiff to the children is that of father. He is married and living separately. The Plaintiff currently resides with the following: Name Relationship Melisa Cochran Wife Shannon Fields daughter Ian Fields son 7. The relationship of the Defendant to the children is that of mother. She isunmarried and living separately. The Defendant currently resides with the following: Name Relationship Shannon Fields daughter Ian Fields son 8. The parties have participated in previous litigation concerning the custody of the children in Perry County, however neither party has any contacts with Perry County, Pennsylvania since Mother and the children moved to Franklin County in May of 2004. 9. An Order of Court was signed on October 14, 2004, by the Honorable C. Joseph Rehkamp of the Court of Common Pleas of Perry County, granting primary physical custody to Mother and periods of partial physical custody to Father. A copy of said Order is attached hereto as Exhibit "A." 10. Pursuant to Pennsylvania Rule of Civil Procedure 1915.2(a)(1) and the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S. Section 5401, et seq., the proper venue for a custody action is the home county of the children. 11. Pa. R.C.P 1915.2 provides: (a) An action may be brought in any county (1) (i) which is the home county of the child at the time of commencement of the proceeding, or (ii) which had been the child's home county within six months before commencement of the proceeding and the child is absent from the county because of the child's removal or retention by a person claiming the child's custody or for other reasons and a parent or person acting as parent continues to live in the county; or (2) in which it is in the best interest of the child that the court decide the matter because the child and the child's parents, or the child and at least one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal 0 0 relationships; or (3) in which the child is physically present and the child has been abandoned or it is necessary in an emergency to protect the child because the child has been subjected to or threatened with mistreatment or abuse and is otherwise neglected or dependent; or (4) in which it appears that venue would not be proper in any other county under prerequisites substantially in accordance with paragraph (1), (2) or (3), or another court has declined to decide the matter on the ground that the court before which the action is pending is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that the court decide the matter. (b) Except under paragraphs (3) and (4) of subdivision (a), physical presence of the child within a county, or of the child and one of the parties, is not alone sufficient to establish venue. (c) Physical presence of the child, while desirable, is not a prerequisite to venue. (d) For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought at the time of filing the petition to transfer. It shall be the duty of the prothonotary of the court in which the action is pending to forward to the prothonotary of the county to which the action is transferred certified copies of the docket entries, process, pleadings and other papers filed in the action. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case. 12. The minor children have resided in Franklin County, Pennsylvania, for the last six months and it is clearly the home county of the minor children. 13. The best interest and permanent welfare of the children will be served by modifying the Order from Perry County to grant shared custody of the children to Father. 14. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which time Plaintiff requests the Court to grant him shared physical and legal custody of the minor children. MARTSON LAW OFFICES By (11 , Tri V - JJejni qe L. , ears, Esquire 1aHi Street Carlisle, PA 17013 (717) 243-3341 Date: August 8, 2007 Attorneys for Plaintiff • CHRISTINA V. FIELDS, Plaintiff V. BRIAN L. FIELDS, Defendant AND NOW this /? • : IN THE COURT OF COMMON PLEAS : THE 41ST JUDICIAL DISTRICT OF : PENNSYLVANIA,PERRY COUNTY BRANCH NO. 2003-482 IN DIVORCE - CUSTODY ORDER OF COURT day of , 2004, upon consideration of the stipulation submitted by plaintiff, Christina V. Fields (hereinafter referred to as "Mother"), and defendant, Brian L. Fields (hereinafter referred to as "Father"), it is hereby ordered and decreed as follows: 1. Mother and Father shall have shared legal custody of their minor children, Shannon M. Fields, born June 21, 1996 ("Shannon"), and Ian M. Fields, born October 31, 1997 ("Ian") (collectively the "children"). Major, non-emergency decisions concerning the children, including but not necessarily limited to, the children's health, welfare, education and religious o 0 training shall be made by them jointly, after discussionry? consultation with each other, with a view towards obtains-nq-arR r. following a harmonious policy in the children, s bes z? ?.nze==.eLs tsr cn Day to day decisions shall be the responsibility of the pant--4 7 :,.'OFIEd TRUE CO EXHIBIT "A" Y? 71 i then having physical custody. The parent having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with him or her as soon as practical. In accordance with 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, and the resident address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Mother shall have primary physical custody of the children. Mother shall have physical custody of the children during the school year, except for the times specified for Father. 3. Father shall have physical custody of the children as follows: a. During the summer vacation, commencing the beginning of the first full week after the end of the school year and continuing until the beginning of the first full week prior to the beginning of the next school year. b. During the Christmas break, in alternating years beginning in the year 2004, commencing on the last day of school and continuing until the day before school resumes in the new year. C. During the Spring break in alternating years beginning the year 2006, commencing on the last day of school and continuing until the day before school resumes. 4. Since Mother lives in Pennsylvania and Father lives in California, there will be transportation costs. With regard to the summer vacation and Christmas break, rather shall pay for the children's airfare to California and Mother shall pay for the return flight to Pennsylvania. Father shall be solely responsible for transportation costs for Spring break. 5. If Father should come to Pennsylvania at times other than his scheduled periods of physical custody, Mother, upon reasonable notice, xtiil cooperate in allowing him tc spend time with the ck.-Lildren, including overnight visits if practicable and reasonable. 0 6. The parties agree to cooperate with one another in the implementation of the custody schedule and understand and agree that other changes or modification in the schedule, at times specified, may be necessary to enable both parents to continue to foster and develop a good and healthy relationship with the children. 7. Mother and Father agree to cooperate with one another to encourage the children's relationship with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the children's relationship with either parent. Neither party shall make disparaging comments about the other in front of the children; nor will they permit any other relative or any other third party to do so. 8. Upon knowledge of pending relocation of either parent, temporary, or permanent, each parent must inform the other of their address and telephone number within thirty (30) days. 9. During any period of custody, the parent having custody shall not possess or use any controlled substances and sh&il not consume 2lcohc!_z beverages tc the pc-4n-- ---f intoxication. The parent shall likewise assure, to the extent Y possible, that other household members and/or guests comply with this prohibition. 10. During any period of custody, the parent having custody shall be responsible for having the children take any medications prescribed by the children's physician or other medical care provider. 11. The parties agree that the children shall have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his/her right to physical custody. 12. The Court of Common Pleas of Perry County shall retain jurisdiction in this case. BY THE COURT: lS/ WOSEPH REHKAMP J. , P%. ) 70 D C) -? J VERIFICATION The foregoing Custody Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in malting this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Fields IN THE COURT OF COMMON PLEAS OF THE 39 JUDICIAL DISTRICT OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH BRIAN L. FIFERS, CIVIL ACTION-LAW Plaintiff VS. NO.2007-2242 CISTINA V. FIELDS, Defendant CUSTODY IF- EXHIBIT CE,RTIF7CATTON I hereby certify that each exhibit offered by Plaintiff/Father and admitted into evidence is contained in the attached folder or otherwise accou ed for by notation in the attached folder. . 1W / Jenni er . Spears, Esq. Counsel for Plaintiff/Father I hereby certify that each exhibit offered by Defendant/Mother and admitted into evidence is contained in the attached folder or otherwise accounted for by notation in the attached folder. L? Kent H. Patterson, Esq. Counsel for Defendant/Mother EUGENE STECHER, M.A. CLINICAL ,AND COUNSELING PSYCHOLOGY 26 (? S0kfh TI-x7% S4 ('11ANIBERSBURG. PA 17201 717-263-9342 CHILD CUSTODY EVALUATION The Honorable Richard J. Walsh Court of Common Pleas 39"' Judicial District PA-Franklin County Branch Civil Action-Law: No. 2007-2742 Custody Father and Petitioner Brian L. Fields 16 Sir William Drive Newville, Pa. 17241 Counsel for Father Martson Law Offices Jennifer L. Spears, Esq. 10 East High Street Carlisle, Pa. 17013 Dear Judge Walsh: Mother and Respondent Christina V. Fields 405 Meadow Drive Shippensburg, Pa. 17257 Counsel for Mother Kent H. Patterson, Esq. 221 Pine Street Harrisburg, Pa. 17101 PLAINTIFF'S EXHIBIT Children Ian Fields Age 10, b. 10/31/97 Shannon Fields Age 11, b. 6/21/96 INTRODUCTION. Your order of May 2, 2008 provided for a custody evaluation to be completed by this evaluator and submitted to counsel by July 7. The report was submitted to your offices and mailed to counsel on July 7. Your order of May 7 indicated that each parent would be responsible for paying 50% of the evaluator's fee. In fact, each parent has made payment of $1350. Evaluation Methodology. [1] The evaluator hopes to find in the adults an effective combination of parent/child skills for building a loving relationship, exercising firm but kind authority, supporting positive peer associations, providing guidance and encouraging interests and goals, and modeling positive coping and problem-solving skills. [e.g., Hetherington, M. and Kelly, J. (2002), For Better or For Worse, and, Declue, G. (2002, Fall: 30), "The Best Interests of the Village Children," The Journal of Psychiatry and Law.] [2] Following the documents review section which provides a chronology of events with some commentary, the report material is organized from indirect to direct and from subjective to objective indicators of parenting ability. Stecher/CustodyEval/Fields July 7, 2008 Fvali?.?ti?ins/Counseling-Family/Couples Intern entiuns-Anger 11anat;emcnt-Forensictii(u.5ti?d? [3] A summary of evaluator conclusions about parenting abilities can be found in two places: the • bold italicized remarks throughout the report and a Summary Chart near the end of the report (p. 24) followed by guidelines, conclusions, and recommendations. [4] As a general rule, allegations and criticisms are not specifically pursued unless they are relevant to parental modeling and decision making and there is at least one additional source of reliably useful information. Assessment Tools. Adult and child interviews Conjoint Parent Interview Collateral interviews Office and home observations Child family drawings Parenting questionnaires Minnesota Multiphaisic Personality Inventory-2 Millon Clinical Multiaxial Inventory-1. Evaluation Schedule. 6/3 - Psychological testing at the evaluator's office: Father and Melissa (2.5 hours). 6/11 - Home visit with Father, Melissa, and the children (4.75 hours). 6/13 - Psychological testing at the evaluator's office: Mother (2.5 hours). 6/24 - Interview with Cliff and Veral Grim, maternal grandparents (1 hour). • 6/25 - Interview with John Stevens, "friend of both parents" ( 1 hour) 6/27 - Home visit with Mother and the children (3.75 hours). 7/1 - Conjoint interview at the evaluator's office: mother and father (1.5 hours). 7/6 - Brief telephone call with mother. Court Pleadings Reviewed. 7/29/04 - Stipulation for Custody Order (Attorney Patterson) 10/14/04 - Order of Court (Judge C. Joseph Rehkamp, Perry County) 7/20/07 - Petition for Modification of Custody Order (Attorney Patterson) 8/6/07 - Order of Court (Judge Rehkamp). Attend the "Education Program for Separated Parents." 8/8/07 - Complaint for Custody (Attorney Spears) 9/5/07 - Defendant's Answer to Plaintiffs Petition for Modification of Custody Order (Attorney Spears) 9/5/07 - Motion to transfer venue (Attorney Spears). 9/11/07 - Temporary Order of Custody (Judge Rehkamp) 10/19/07 - Order (Judge Rehkamp). Venue is transferred to Franklin County. 1/22/08 - Order (Judge Walsh). Perry County order of 9111/07 continues in full force. 2/5/08 - Father's Conciliation Memorandum (Attorney Spears) 2/26/08 - Conciliation Report (David W. Rahauser, Esq.) 3/12108 - Order of Court for Pre-Trial Conference (Judge Walsh) 4/8/08 - Order (Judge Rehkamp) 4/17/08 - Order (Judge Rehkamp) 4/22108 - Plaintiff's Pretrial Statement (Attorney Spears) ??? - Pre-Trial Memorandum of Christina V. Fields (Attorney Patterson) Stecher/CustodyEval/Fields July 7, 2008 2 • Brief Chronology of Events. 1968 - Birth and adoption of Christina 1976 - Birth of Brian 1980 - Brian's father dies 1983 - Brian's mother brings life-long partner into the home 1996 - Brian (age 19) and Christina (age 28) marry 1996 - Birth of Shannon 1997 - Birth of Ian 2002 - Brian and Christina separate 2005 - Brian (age 29) and Melissa (age 37) many 2002-2007 - Brian lives on the west coast 2007-2008 - Brian and Melissa live in Newville 2003-2008 - Christina and children live in Shippensburg COLLATERAL INTERVIEWS. Information from these interviews also appear elsewhere in this report. Maternal Grandparents (GP) Clifford (GF) and Verl (GM) Grim. From the birth of the children until 2002, contact with the Shannon and Ian included holidays and special occasions and there were weekly visits from GM when the family lived in Marysville. Overtime the GPs also helped out financially with certain matters. It is their impression that the children were well cared for during these years and that the sitter care for the children was competent during those times • when both parents were working. Some time after the parental separation, there was a six month period when mother and children lived at the grandparent's home because Christina was still working in Camp Hill. She eventually moved into her own place and the GPs have since provided child care and helped out with transportation, for the most part after school but also at other times as needed. In addition, the GPs attend almost all of the children's school, church, and community functions. The GPs are also directly involved in some out of home activity, for example, taking the children to the Library on Wednesdays. Mother and children also usually have their evening week-day meals with the GPs. In the GPs opinion the children are doing well in school. The children's comments suggest that they really like school. The GPs help out in this regard by supervising the children's homework and other activity after school, which on certain days extends until 6PM. Shannon particularly talks about her friends there. Shannon normally arrives at the GPs at about 2:45 PM and Ian gets there around 3:30PM. No behavior problems have been observed with the children. GM said, "If we say 'yes' or 'no' they do what we ask.' The children are helpful by setting the table, putting toys away before leaving, and clearing the table. There has only been one contrary incident and that was when Shannon fibbed one time when she didn't do some homework. GM suggests that father is probably being overly strict when he grounds a full week for such an offense. The GPs are hoping that the family will be able to interact with good will toward one another. Although in both cases the invitation was declined for various reasons, Shannon invited her • Stecher/CustodyEval/Fields July 7, 2008 3 step-mother to a church mother/ daughter banquet, and Brian invited the GPs to Shannon's • birthday party at his home. As far as the custody schedule is concerned, GM sees the children as somewhat confused at the current time; she favors week-end time with father, but she fears that an alternating weekly arrangement would be overly disruptive for the children during the school year. GF isn't sure that child support issues don't play a role in the custody dispute. The GPs advise that they tell the children to respect all of the adults and to follow the rules at both homes. Johnathan Stevens. Johnathan lives in Shiremanstown (Camp Hill address) and is employed as an Information Technician Specialist with the U.S. Army Corp of Engineers in New Cumberland. He and Brian have been friends since a grade, and he has known Christina since she met Brian. He visited frequently when they lived in Marysville, and his main contacts with both since then have occurred prior to the most recent six months. There was a tough period of adjustment and a chaotic time, after the separation and before the move to Shippensburg, when Christina and the children stayed with a friend who had four children, and there was very little, if any, discipline in the home. After their move to Shippensburg, He probably saw mother and children an average of twice a month. Christina made an exceptional effort to help the children stay in touch with their father, even though he was on the west coast. Regarding child support matters, it is probably true that Brian felt offended after trying unsuccessfully to work out a private notification and pay arrangement with Christina following the separation. • CUSTODY GOALS AND CONCERNS: Individual Interviews. Mother favors an arrangement of year-round physical custody every other week-end for father and Thursday evenings from 4 to 8PM, with two weeks vacation added in the summer. She would remove father's current Monday time from the schedule because it is too disruptive. Last summer mother had the children a total of twenty days, and she talked about how hard it is to re-establish a routine, saying, "Shannon and I couldn't adjust, we were at each other." On the other hand, Ian "goes with the flow." Christina's core concern is that Brian "doesn't grasp who the children are", that he sees them more in terms of "what they have in common with him." She is also concerned that Melissa tends to treat Ian better than Shannon. She witnessed this recently at Shannon's birthday party when "Shannon was told to do this and that" and Ian got a free pass. She hears Shannon's complaints that Melissa called her "ungrateful" and that Ian doesn't take her side. Father acknowledges that when he went to California he was "immature" and "couldn't raise the kids financially." He now favors a joint physical custody arrangement and points out that he lives close enough (10 to 12 miles) to Shippensburg to provide transportation for school and any of the children's activities. Brian's core concern is that Christina is "unable to provide the structure" that the children need, that she is "more concerned about being their friend." He stated that, at the same time, he supports the grandparents positive role in the children's lives, "otherwise I would be asking for more than joint custody." L? Stecher/CustodyEval/Fields July 7, 2008 4 Melissa has limited experience with custody problems. She has a son, Corey (22), a marine • who is currently stationed in Yuma, Arizona. But she describes his father as "uninvolved" in his rearing, although paternal grandmother was at one time "somewhat involved." Melissa and her son frequently talk on-line, and in May she spent a week-end with him in Arizona. Children's Report Cards. The parents' custody goals and the problems that they have with each other must be weighed against the children's school adjustment under the current arrangement (see the grandparent's remarks above). I was able to see the report cards at Mother's home. Melissa's final grades for the year were 8 A's and 4 B's. Her teacher wrote, "A pleasure to work with." Ian's report card contained 5 A's and 1 B. On the report card was the phrase "excels in math." On a separate note his teacher wrote, "good mind for math and science .... an excellent reader .... I expect big things out of you!" Conjoint Interview. In the 2006-2007 school year Shannon had been a B/C/D student. Mother attributes that lower performance, at least in part, to a conflictual relationship with the teacher. Father suggests that, even so, there is no arguing that Shannon has done well in school since he has relocated to this area. [Father's involvement has been either neutral or positive with regard to school adjustment] CO-PARENTING ISSUES AND COMMUNICATION: Conjoint Intervew. Information from the Conjoint Interview also appears elsewhere in this report. • Upon father's asking, mother acknowledged that she did not tell him why Dr. Srinivasa increased Shannon's medication or if the increase worked. Mother shared that it was because she told the doctor, "Shannon's disappearing", meaning that she was leaving the home to run with friends without permission. In her opinion the medication increase did not make a change. Father asked to be kept more closely advised since they shared legal responsibility for the children. [Similarly, in her individual interview mother had acknowledged limited control of Shannon, saying, "The difference between Ian and Shannon is that in a store Ian is right beside me and Shannon is gone .... have had to page her."] Father used this circumstance to respond to mother's question about why he wanted 50/50 custody. He said that, having a history of attention deficit problems, he can best tell the difference between an attention deficit situation and manipulative behavior. This in turn gives him a stronger motivation for being firm when the child needs to hear'no'. Mother took in this response but did not offer an agreeing or disagreeing opinion. Responding to father's question of why she resisted 50/50 custody, mother views the children as being in a stable routine for years between her home and the grandparent's home, and there is no reason to change it. Father said that he agreed that the routine and stability of schedule needs to be consistent between the homes and that he would cooperate in every way to make it work. Mother initiated conversation about the children's activities. Both parents found themselves agreeing to the current range of activities which includes scouts, band, football, church youth group. They further agreed that 'last minute' situations and notifications should be minimized, • even though they might not be able to be avoided all together. Stecher/CustodyEval/Fields July 7, 2008 5 . Upon the evaluator's asking, the parents said that the church referred to is Trinity United father important questions, such as why he chose to return to this area. Shannon has even commented that she doesn't really know her father. Father made every attempt to calm mother's fears, assuring her that the February incident would never be repeated and that the children have since been relating well to Melissa; he further gave examples of times and opportunities when he and the children talk alone, and these often include positive feedback for him; he will now, in fact, raise with them the matter of his returning to the area. The children are Acolytes. Christina has found a stimulating class for herself there. All of the Methodist Mother in shared her Walnut Bottom. concerns about Christina how "grew Melissa up theretreats." the kids, Shannon's ever best since the friend Tricia attends adults support the children's activities, either by dropping the children off are attending. there. Shannon has girl-friends there, as contrasted to mostly boy-friends in the incident school of setting. something at Shannon in February, as well as the children's reluctance to ask their Both parents agreed that they need to prepare for the time when medications for the children stop and behavioral self-management strategies take over completely. Mother even mentioned that the actual time seemed to be a short ways away for Shannon. Father doesn't view Shannon as needing medication, but both parents agree that at the present time Ian benefits from his meds. Mother accepts the doctor's diagnoses of attention deficit with hyperactivity for Shannon and attention deficit without hyperactivity and Asperger's for Ian. Father thinks Shannon does not have a diagnosis, that Ian is the hyperactive one, and that Ian needs to develop socialization • skills but does not have Asperger's. The adults agreed that a primary parenting focus needs to be on helping Ian to develop social skills. Upon the evaluator's asking about an email that Shannon received at mother's home from a boy named Miles, the parents agreed that they have communicated and are monitoring those types of events together. Related to this is Shannon's statement that she would like to have a date at the school dances this coming year. The parents agree that these dances are after school events for a couple hours, that they should not involve a "date" in that sense of the word, and that it one may expect certain peers to gravitate toward one another and to hang out at such an event. [The parents are able to agree on many basic parenting issues. Where the parents disagree, the evaluator's opinions are closer to what father has stated in terms of the children's diagnoses and his potential to enforce boundaries.] PROBLEMATIC COMMUNICATION. 1. Exaggeration. Father and Melissa initially raised what they see as mother's inclination to severely exaggerate, if not outright lie, which can occur in front of the children. This was followed by Johnathan's mention in the Collateral Interview that Christina can 'stretch' the truth; for example, a few years ago she had told people that she was dating a movie star. Conjoint Interview. I used the illustration of Ian telling me that his mother is teaching him how to play the snare drum. This turned out to be an inaccurate example, as Mother advised that, • Stecher/CustodyEval/Fields July 7, 2008 6 although she didn't play it as her primary instrument, as a percussionist she does have • knowledge of the snare drum and can introduce Ian to the basics of playing it. Christina did acknowledge, "in the past I've said I'll do something and then totally back tracked." She also acknowledged "a tendency to exaggerate in the past." When asked by Brian if she had exaggerated to him her connections with famous persons in the past, she replied "yes". However she wants the children to understand nuances and situations, as well, and has talked to them about how certain statements that could be called "lies" are common; for example, at work, for a variety of reasons, a caller might be told that a certain person is unavailable when it's not true. On the matter of dating a movie star, there is an actor named Girard Butler, and Christina had dated someone named Jeremy Butler. Somehow in the course of various conversational exchanges between the children and adults, a now unclear process, these two names got identified with one another as if mother were dating the actor. 2. Anger. It is clear that mother is conflicted about present and past, and she was visibly upset about the above conversation as she left the evaluator's office. She had said to father, "We need to start from square one. I'm sick of fighting with you." Father said, "I agree." Almost, in the same breath Christina was bringing the past into play, "I'm sick of you talking down to me.... Why did you stop calling the kids....", and so forth. In the Collateral Interview. Johnathan had observed that, with regard to Brian and Christina as a couple, "She still experiences anger toward him and feelings of abandonment." Interpersonal Behavior Survey. This questionnaire is normally used as a measure of behavior • in the general population. I ask the parents to substitute in the name of the other parent when reading the items to derive a relational measure of what occurs between them. There are also two scales (Denial, Impression management) that indicate if the responder is attempting to manipulate the opinion of the reviewer in a positive direction. Scores above T-60 or below T-40 are above and below average respectively. The validity scales for both parents are well within the average range. Mother self-reports as the verbally aggressive parent (EA-S, T71; GGR-S, T66) as compared to father (EA-S, T60; GGR-S, T-40). For example, she answered "false" to the following items: I try not to give Brian a hard time, I never deliberately hurt Brian's feelings. She answered "true" to the following item: I get mad easily at Brian. Mother apparently does not always keep her disparaging feelings to herself around the children. She said, "That's all that you do," when Ian drew a picture playing video games with his father. She also said, "I guess we have to make copies for your dad," when getting the children's report cards to show me. For supporting data for the 'exaggeration' and 'anger' traits, the reader will also want to look at the Personal Trait Inventories section. 3. Perception. Mother has a propensity to be somewhat dramatic; for example, when playing a game with the children the dice rolled and hit her bare foot, and in a serious manner she yelled excessively loud saying how much it hurt. Similarly, mother may personalize ownership in the home; for example, she referred to the floor as "my floor' when asking Ian to pick-up and take some things up to his room. When talking about Ian and his future, mother referred to him as a . "special needs" child and made a point to speak of his scout Den as the special needs group; Stecher/CustodyEval/Fields July 7, 2008 7 the other two boys are autistic and severely ADHD respectively. Practically in the next breath, • mother also offered that she has promised Ian a motorcycle. When I asked at what age, she hesitated when saying 18. There is also the potential to be overwhelmed by an emotional subject; for example, saying "everything", rather than being discriminative, when I asked about the reason(s) why she and Brian couldn't get along. 4. Argumentation. In his Collateral Interview Johnathan had referred to Brian's very reasoned and logical way of approaching all of life's dilemmas and his reliance on verbal argumentation to win his point, perhaps not always with constructive recognition of his own or another's emotions. The Personal Trait Inventories section did suggest the possibility of negative reactions to authority and aggressive argumentativeness. In the Conjoint Interview it was Brian's way to rather unemotionally set out the facts as he perceived them. [Mother's communication modeling has the potential to be more confusing for the children to interpret Further, when she referred to /an as "special needs" and in the next breath talked about buying him a motorcycle, her judgment with regard to both the accuracy and congruency of those statements could be questioned. The phrase `special needs' is usually limited to children whose intelligence falls in the retardation range or whose adjustment is so impaired that they require specific school placements such as a class for the socially-emotionally disturbed (SED) or for the neurologically impaired (Nl).J RESIDENCE. Mother. The home is a brick townhouse which mother has rented for a number of years in the • Roxbury Ridge area of Shippensburg. The grandparents live approximately three blocks away. The family has pets: a cat and a fish. There are no plans to move. Outdoors. There is a relatively small back yard that can accommodate light play. The complex includes two playgrounds that are frequently used. There was little traffic during my visit, and mother advised that children ride their bikes in the immediate area. Indoors. The rooms are comparatively small, three bedrooms and a bath upstairs, and living, cooking, and dining areas downstairs. There is a computer work-area in the living room. The home is cooled with window A/C. Father. Brian and Melissa have resided in the current residence since May, 2007. They are responsible for a mortgage. The home is a contemporary two-story brick dwelling with a full basement and garage. The family has pets: two dogs. There are no plans to move. Outdoors. The location is a relatively recent development in North Newton Hills on the outskirts of Newville. It sits on a quarter acre lot with a relatively small back yard area fenced-in. Traffic was practically non-existent during the evaluator's visit and seemed safe for an activity like riding bike. Indoors. The home is spacious and consists of four large bedrooms and two baths upstairs, and downstairs there are large living, kitchen, dining, and office areas, and a half bath. Although the basement is primarily used for storage, the children have a rather elaborate club house and puppet theatre down there which they constructed from card board. n U Stecher/CustodyEval/Fields July 7, 2008 8 [Although there are size diftrences in the physical environs, both homes can meet the • children's basic needs.] PERSONAL HISTORY INTERVIEWS. Mother. Christina was adopted as an infant by Clifford and Verl Grim (see above). She has a younger brother Tim (33) who lives in Mechanicsburg whom she sees occasionally and talks with frequently. She views her own parents' strengths as supporting school/education and church activities. She also recalls learning a lot from them about managing money and time, "but it only sunk in a couple years ago." One of the parental weaknesses was her mother's discipline style; until age 15 she paddled with a belt, swatter, and hand. "I don't know that it worked." Christina also describes herself as a person of a "touchy-feely" nature, and she said, "That didn't happen much in our house." Christina has a BA in Communications from Messiah College. For the past two years she has worked as a Customer Service Specialist for the Orrstown Bank. She has "pretty much always worked, with some lag time in between jobs." Previous jobs were mostly with private practice attorneys where she had responsibilities for the work and management of the offices. Christina has a complicated health history. In April of 2007 she sought out and met her birth mother for better understanding of the family history. She was diagnosed with a depressive disorder at age 16 and has taken both Lexapro and Effexor to treat the condition. In the past • two weeks she "went back on Effexor, 75mg. At the age of 21/22 she received treatment at the Roxbury Center. She said, "I had become an alcoholic." Christina has not drunk alcohol for the past 15 years, and she still attends AA meetings approximately once per month. Past hospitalizations include surgery for an ovarian cyst and.gastric bypass surgery (2/06) to treat a condition which caused a cycle of illness every few weeks; a positive side effect has been a weight loss of 120 pounds. Christina reports that she has to deal with carpal tunnel arthritic pain "most days" and takes Tylenol due to an allergy to aspirin products. She also doesn't sleep well "most days", which may be due to low iron and vitamin B12 levels, which has created pica symptoms (chewing on non-edibles) which in her case takes the mild form of constantly chewing on ice chips. (Evaluator Observation. Mother did in fact chew constantly on ice during my visit.) Christina does not report any arrest record or history of drug use. On checklists, she did not endorse any extreme dysfunctional personality traits. She did endorse the following life- problems areas: family, time management, loneliness, job/career, legal/civil. Social interests and hobbies are varied. During her school years Christina was active in band, orchestra, chorus, and school musicals. She played the oboe and percussion instruments. She indulged a creative writing interest through the school newspaper, entered and won speech competitions, and gave one of the four commencement speeches at graduation. Current interests include reading, walking, writing, following hockey, and playing football with Ian. She is the Cub Scout Master of Pack 117, and she participates in training and the development of programs for the Frontier District, Boy Scouts of America Roundtable. She indicates that her religious beliefs are agnostic. Christina named friends as Nancy, whom she sees frequently and who helps her in the scouting program, and Missy, with whom she is in touch often, who . lives in Philadelphia and whom she has known for 17 years. Stecher/CustodyEval/Fields July 7, 2008 9 • Marital Break-up. Brian asked for the divorce in August 2002 and left the home in November. The divorce was finalized in October 2004. When asked about the reason for the separation, Christina said, "We didn't get along and he found someone else." About the reason for not getting along, she said, "Sort of everything." Father. Brian is the son of Mary Fields of Marysville, Pa. When he was age 4 his father died. Since the time that he was approximately age 7, his mother's significant other, Moms Lathrop, lived with the family. Brian has a younger brother Sam (age 30) who lives in Enola. They were last together on Christmas of 2007. There are family get-togethers on major holidays. When asked to name three strengths and three weaknesses of the parenting that he received, Brian recounted, "1'm not a fan of my childhood. I learned how not to live life." His mother worked day-shift and the 'stepfather' night-shift. His 'stepfather' provided "guidance" but was "way too strict" and frequently punished by "punching" or hitting with a "belt, or paddle." An example of emotional abuse was being called "worthless." There have never been any apologies for this behavior. Brian could only say of his mother that she was "more laid back," and that she "minimized," but recognized that the 'stepfather's' behavior was "excessive." He said, "I have to admit, I'm still resentful. My brother has the same feelings as I do." Brian attended the Susquenita schools and considers himself to have been a "troubled youth." He "didn't pay attention" in class, and his mother "dragged me from therapist to psychiatrist to psychologist." Until probably about age 17, he was with many counselors who "threw up their hands." He recalls repeating a grade and attending an all-day outpatient program which included schooling. He was diagnosed with Attention Deficit Hyperactivity Disorder and took • numerous medications, both stimulants and antidepressants, (Ritalin, Tofranil, Norpramin, Wellbutrin, et.al.) which he has since terminated as an adult. Despite these early life problems, Brian recalls having friends, although he did not participate in extracurricular activities. His one group affiliation was being "raised in Churches of God." As a hobby he enjoys Role Playing Games, and he is part of a group that meets at least a couple times per month. He named friends as John, whom he has known since 7m grade and whom he sees perhaps monthly, and Charlie who owns the game store and whom he sees weekly. He and Melissa do not have another couple with whom they socialize. Since 2003 Brian has been employed as a Web Developer with eDirect Publishing, which involves a 40 hour week working from his own home. His health is generally good except that he takes medications for high blood pressure and high cholesterol counts. He reports no arrest record. His only experience with street drugs was experimenting with pot years ago as a youth. On a checklist Brian did not endorse any symptoms which interfere with life adjustment, such as depression or anxiety. He did not endorse any dysfunctional behavioral/personality traits. He did endorse several life problem areas: weight, managing time, habits, and health. Marital Break-up. Brian indicated, "We had grown separate." He "initiated" the divorce. He had "truthfulness issues" with Christina, particularly with regard to "finances." Melissa Cochran. Melissa is the daughter of Richard and Kay Cochran who separated when she was about age 10, and who now live in Dawson, Georgia and Phoenix, Arizona respectively. During her developmental years, she lived primarily with her mother and spent • summers with her father. Both of her parents remarried, and stepmother Kathy and stepfather Stecher/CustodyEval/Fields July 7, 2008 10 Doug were both in her life within a year of the separation. Melissa recalls good family . relationships. Sibling relationships include a younger sister Cheryl (37), a half-brother Richard, two step-brothers Ronald and Richard, and a step sister Rebecca. When reflecting on the strengths and weaknesses of her parents, Melissa recalled learning independence and self-sufficiency from her stepfather in the areas of car repair and money management. He also offered praise, and never bad-mouthed her mother. Also, she could talk easily with her mother who emphasized openness, honesty, and self-acceptance without shame. On the negative side, her father did not connect well with people and didn't take the time to know her; for example, he didn't invite Melissa to his wedding. Her mother had difficulty understanding the importance of certain events and memories; for example, she didn't realize how much it hurt not to offer transportation to Melissa to take a Christmas present to a boyfriend. Stepfather had a traditional view of maletfemale roles and in some respects "tried to change" her. Melissa's basic interest and hobby is reading; the subject matter could be anything but westerns and romance novels. She helped out in the Library as a student. In high school she was very "math oriented" and participated in clubs and competitions with that emphasis. Melissa does not have current group affiliations, but she recalls that her stepfather was a religious person, and the family attended Sunday School a lot. When asked about current friends, Melissa named her husband, someone named Lee who lives in California, and a June who is now deceased. She further said, "I have no friends in Pennsylvania. I'm not anti-social. 1 am a reader." Melissa has a BA from the University of Arizona. Since 2005 she has been employed as a • Project Manager with eDirect Publishing; previous employers were Maximus and Earthlink. Her health is generally good; she takes medications for high blood pressure and cholesterol levels. She reports no arrest record and no history of experiences of abuse or trauma during her developmental years. She experimented with marijuana as a teen with other peers, but when they began to get involved with cocaine she stopped hanging-out with them. "Those things take away your intelligence." On a checklist Melissa did not endorse any symptoms which interfere with life adjustment, such as depression or anxiety. She did not endorse any dysfunctional behavioral/personality traits. She did endorse several life problem areas: weight, managing time, habits, and health. [Mother and father both apparently lacked the experience of emotionally sensitive parenting in the home of origin. One skill that stands out is mother's ability to reach out and establish social networks, whether treatment and support for alcohol problems, support from extended family, or in the form of community contacts and groups, and so forth.] PARENTING INTERVIEWS. Description of the Child Shannon Father Energetic x Artistic/Creative x • Loves to read x Stecher/CustodyEval/Fields July 7, 2008 Mother Melissa x 11 Description of the Child (cont) Shannon Father Mother Story teller x SciFi and fantasy interests x Some previous problems in school x Creatively hyperactive x Imaginative x Very talkative x Good communicator x No fear, tries anything x We both love roller coasters Independent x Studious X Loves to write x Can be explosive and nasty like me x Not a morning person x Enjoys boys as friends Funny May cry if doesn't get own way Cool person who tries everything Read an essay at school Jump rope for Heart Assoc Helps with scouts Dancing on the school stage • Ian More hyperactive than Shannon x More withdrawn than Shannon x Analytical mind x Great in math x Hands-on x Loves video games Great fine motor coordination We put a dresser together Has multiple phobias x Won"t buy bad guy transformers Won't watch Scary movies Very empathic, picks up on emotion quickly x Eager to please, almost chameleon, subsumes his own wishes x Quiet, can withdraw to avoid dealing with something x Emotional, feels deeply x My 'cuddle buddy' x Wants to be with family x Gives hugs, good words, love you's x Typically says, "I'll help you." x Very intelligent, 'blows me away' x • Legos Melissa x x x x Stecher/CustodyEval/Fields July 7, 2008 12 Description of the Child (cont) • Ian Father Mother Melissa Very Intelligent (cont.) x Transformers Video games Goes with the flow x Very sensitive to hurting feelings x Sweet x Very smart x Technical brain power x Quickly solves complicated puzzles x Not focused x Funny, jokes come out of nowhere x Doesn't like to be told no x Quiet listener, takes everything in x Affection. Father reports that both children are affectionate, and Ian extremely so. Children and adults greet with hugs and kisses. Father will rub Brian's head and hold Shannon's hand and put his arm around her. Mother confirms Ian's affectionate nature. He wants to be tucked in with hugs and kisses nightly. While Shannon enjoys affection, she is less assertive about seeking it out. Diagnoses and Behavior. According to mother Shannon was diagnosed with Attention Deficit Hyperactivity disorder at age 7, and Ian was diagnosed with Attention Deficit Disorder, without • hyperactivity at age 7. He was also diagnosed two years ago with Asperger's disorder. Shannon's medication is Dexedrine (Dextro-amphetamine), 10mg in the AM and 5mg in the PM, and Ian's medication is Concerta (Methylphenidate HCI), 54mg in the a AM. Both children have been taking medications for about five years. They are treated by Dr. Srinivasa of Pinnacle Health in Harrisburg. Mother supports the treatment that both children are receiving. Father has been to previous appointments and expressed his opinion that Ian benefits from the medication and Shannon does not. The next appointment is in July. When asked about the Asperger's, mother said about Ian, "He can seeth." In school when he feels an angry episode coming on, Ian and his teachers have worked out a method whereby he asks to go out in the hall way. There was one major problem at school this year; Ian did hit a peer with a stone after being picked on. At home he has fallen into tears, yelled, and thrown something like his game control. That might happen now every few months. Regarding Ian's conditions, Christina further advised that his birth was premature by three weeks, and he spent four days in the neonatal intensive care unit. Relationship: Melissa and Shannon. Melissa acknowledges that she and Shannon "have had problems." She couldn't seem to talk about Shannon without being critical of her mother. She views Shannon as "not evaluating" what her mother says, and defending her "illogically." Her mother has a pattern of lying, such as telling people that she is dating a movie star (2004). One time when Melissa tried to point this out to Shannon she stuck her fingers in her ears, and Melissa wound-up throwing something at her (now very much regretted). By themselves, Melissa and Shannon can do quite well: for example, Shannon will do what she is asked at home, they are painting a box for Shannon's room, and they recently picked out shorts together at the Old Navy store. C Stecher/CustodyEval/Fields July 7, 2008 13 Relationship: Melissa and Ian. The relationship with Ian has been positive and relatively • uncomplicated. Even so, Melissa said that Ian's propensity to hug and snuggle in the past has pretty much stopped, the implication being that the current custody tensions with his mother have something to do with that. [All of the adults are capable of rich descriptions of the children, and there is much essential agreement Both parents recognized some shortcomings to go along with mostly positives. Mother's identification of Asperger's with anger problems is not correct; the DSM /V list of social interaction symptoms and stereotyped patterns of behavior does not include anger. Melissa was unable to engage in this descriptive exercise without being critical of mother.] Discipline/Boundaries Father Mother Teach responsibility: e.g., homework x Reinforce rules with reminders x Take dishes to counter Throw out your garbage Household Chores x x Keep room clean x Clean after self in bathroom x Pick up toys off the floor x Help with vacuuming x Put clothes in laundry x Keep walking space in room x • Get the mail Take out the arba e x x g g Corporal Punishment. After recounting his own bad experiences, Brian said, "I'm strongly against laying hands on kids," and Christina said something very similar after recounting her own bad experiences. Brian has only allowed his own children to meet his 'step-dad' one time, whereas mother's parents, minus corporal punishment authority, are a constant support. Brian acknowledged giving some "swats" before speech developed, but not afterwards. Grounding. Brian stated that Christina sees him as being excessive with grounding, but he is comfortable with his decisions. Mother did in fact tell me that she viewed, as excessive, father's grounding of Ian for a week after throwing a stone when he was teased at school. She told Brian in an email, "A week is way too much. You're going to lose him over this." Collateral Interview. Johnathan advised that Brian could be immature and preoccupied prior to the separation. Mr. Stevens recalls an incident when he was visiting and actually walked out because the child was crying in the playpen and Brian wouldn't get up from the computer and get a bottle (mother was at work). On the other hand, he couldn't remember a time when Christina actually disciplined the children. In the matter of boundaries, he sees Christina needing to develop skills beyond simply repeating herself and becoming angry and yelling and then backing off quickly from sending them to their room or denying dessert. On another matter, if Shannon, for example, says that she doesn't like Melissa, he sees that as a reaction to someone who is more strict about making her listen. Also, he has seen Brian able to get Ian to talk and settle when the child becomes oppositional. 17-? Stecher/CustodyEval/Fields July 7, 2008 14 Mother's Update. The following responses from Christina both presuppose and transcend the • accuracy of Johnathan's observations. She reports "realizing a few years ago" that she needed to go from an "angry screaming" approach to taking practical steps that were "short but intense." She begins with talking to the child about the incident, discussing why it happened, and then explaining and administering consequences. Examples are evenly but firmly telling Shannon that she can't kick or hit Ian just because he's singing or humming and she wants quiet, grounding Shannon for three days for walking with a friend all the way to the West End Mart and then lying to her about it, taking the computer from Shannon for two days for "losing" homework, and taking play station from Ian for two nights and requiring wring ten sentences for throwing the stone after being teased. The result has been that the children "actually come to talk to me now if they're feeling upset about something." She also indicated that the children are now at an age, of course, when they can reason a lot better. [Both parents are aware of the need to teach responsibility and both have knowledge of effective approaches to setting behavior boundaries. We have already seen in the Conjoint Interview section earlier in this report that father can offer an important component to the boundary setting responsibilities of parenting.] Schedule Father has a sufficiently flexible schedule to provide transportation for regular school hours and other activities. The school is twelve miles away. In his view, for that reason the children do not need day-care. At home, father is the cook and provides three meals daily. Rising during the week would be 6 to 6:30AM. Family activities include board or video games, "We all play Guitar • Hero." Bedtime is at 9PM and Shannon may read before failing asleep. The family may watch a movie ahead of time. Mother rises and gets herself ready first. She then gets the children up and makes sure that they have breakfast and take their meds. The school agrees to use the bus stop by the grandparents' home to transport the children. Both children participate in the School Age Child Care program sponsored by Memorial Lutheran Church, and this will be Shannon's last year for it. The program is year long and in the summer the hours are 7:30AM to 4:30PM. Mother is at the GPs home anywhere from 5:15 to 6:OOPM, and the family eats together. Afterwards they return home, and following evening activities and a review of homework everyone is in bed by 1 OPM. Evening activities may include computer games, playing outdoors, watching movies, going to the store, and so forth. At bedtime, brushing teeth is a must and Ian likes to have his door closed with a night light on. Shannon usually wants to read in bed but must be asleep by 11 PM. [Both parents are able to verbalize a reasonable schedule.] Future Plan. Father could see Shannon becoming a writer, and Ian might pursue a math field like computers, probably not having enough patience for science. He could see Shannon in a school chess club, and Ian will be playing football this summer. Shannon is in the school band, but he sees music interests remaining in mostly hobby form. He hopes both children will learn all they can; he was never able to learn by sitting and listening. He would love for them to have scholarships to college, but a parent has to help out as needed. E Stecher/CustodyEval/Fields July 7, 2008 15 Mother believes that "it's a given" that Shannon will go to college. Christina herself worked and . had student loans/grants as she went through college, but at a certain time her parents paid off the loans without her knowledge, and she would do the same for her own children. She is aware that Shannon would get a further discount if she attends Shippensburg. With regard to activities she would like to see Shannon stay involved in band, acting, and chorus, and she has also expressed an interest in soccer. At age 14 she will be eligible for a co-ed scouting program called Adventure Crew; it would be great for self-esteem, building skills, and experiencing good adult leadership. Mother is not as sure about Ian and college, but she can see him in a technical field like mechanics, electronics, or computers. He is well on his way to being an Eagle Scout, and she can see him as a scout leader as an adult. Last night they talked football, and she believes that he needs team and socialization experiences. [Both parents were insightful, but mother was able to express herself with more breadth and detail.] CHILD PERCEPTION OF PARENT. Drawings. At each home the children were instructed to draw themselves doing something with each adult and then with the family as a whole. Shannon. Father's Home. Shannon drew a picture of herself and father sitting across from each other "Playing Chess." She then drew a picture of herself and Melissa standing next to each other • "Going into Claire's" at the mall. She then drew a picture of herself and her mother sitting on the floor and facing each other "playing Harry Potter Sceneit." For her family scene, she left out the two (competing?) mother figures and pictured herself, Ian, and father sitting and "Eating Dinner." Shannon is sitting next to father. Mother's Home. Shannon drew herself at the computer and she and her mother are looking at a particular website called "IcanhasCheezburger.com". She is setting next to her father at a long table with other people in a picture labeled "Playing Dugeons and Dragons". She is sitting distantly in the back seat "Driv'n in da Car" with Melissa. And for the family picture, father and Melissa are not included, and she, Ian, and mom, are sitting at the movie theater "See'n Iron Man". Ian is sitting next to mother. [Overall, more effort went into the drawings at father's home in terms of detail and development We have evidence that Shannon, similar to her mother, has not as yet conceptually and emotionally incorporated Melissa into her total family percept. However, the picture drawn with Melissa at father's suggests an acceptance not acknowledged in the picture at mother's.] Ian. Father's Home. Ian drew himself and father walking next to each other "Mowing the Lawn." He then drew himself and his mother "Throwing the Football." He then drew himself and Melissa "Washing Windows," and everybody got a good laugh because that was a totally made-up scene. For his family drawing everyone, including both mother figures, is sitting around a table "Playing Trivial Pursuit 6". Melissa and father are sitting together, and Christina is between the • children. Stecher/CustodyEval/Fields July 7, 2008 16 • Mother's Home. Ian drew himself and his mother "Watching TV". With his dad, he is "Playing Video Games." With Melissa he is "Vacuuming and Sweeping." In the family picture, all family members are sitting around a table "Playing Clue," but he could not tell me who was whom. [Again, overall, more effort went into the drawings at father's home in terns of detail and development. We have evidence that Ian has conceptually and emotionally incorporated Melissa into his total family percept and that this is clearer to him at father's home.] Interview: Situations were presented to the children beginning with stems like, "Out of all of the adults whom would you ask to...... (or) to whom would you go for...... (or) who would do the best job at......." The child could choose one or as many of the adults as he/she wished. Examples would be, "if you had questions about God, who would you talk to?" or "Who would you want to keep your pet if you went away to camp." The child was also asked to select from one of the following four choices: live primarily with mother, live primarily with father, live equal time with both parents, let the adults decide. Shannon. Father's Home. From 16 situations mother was chosen each time, and father was selected, as well, for the following two: supervising homework and helping the child to feel comfortable with strangers. Mother's Home. From 16 additional situations mother was chosen 12 times, and father was selected for none. However, grandfather was selected for nine situations and grandmother • once. None of the adults were selected for the ability to accept criticism well. Further, in both homes, Shannon chose living with her mother most of the time as her preference. Ian. Father's Home. From 16 situations mother was chosen each time, and father was selected, as well, for one: helping the child to feel comfortable with strangers. Mother's Home. From an additionall6 situations mother was chosen 14 times, and father was selected for none. Grandfather was selected twice. Stepmother was selected once for her ability to stay calm in an argument. None were selected for the ability to accept criticism well. Further, in father's home, Ian endorsed an equal time living arrangement, and in mother's home he endorsed living with mother most of the time. [Mother seems to be the overwhelming choice for daily parenting decisions, but we see that the grandparents play a large role in the children's minds, as well. Ian comes under the influence of each parent for his living preference, while Shannon sustains a loyalty to her mother.] PERSONAL TRAIT INVENTORIES. • Stecher/CustodyEval/Fields July 7, 2008 17 Minnesota Multiohaisic Personality Inventory-2. Among psychologists, this is the most • frequently used measure of personal traits. The norms are based on a random sample of the general population. The test also contains validity scales which measure a person's tendency to answer defensively or openly to questions which might put him or her in a bad light. The L- scale measures impression management, and evidences the inability to acknowledge common behavioral shortcomings; a high score may indicate that a person sees himself as very virtuous, or it may represent a deliberate attempt to mislead others or to influence others out of fear of being judged. Typical items would be: I do not always tell the truth, I get angry sometimes. The K-scale measures a more subtle psychological guardedness about self-revelation, a type of self- deceptive enhancement; and a high score can strongV be influenced by intelligence and education. A T-65 score (1.5 standard deviations, 90 percentile) is considered significant for all scales. Father's validity scores were well within the average range. None of the clinical scales were elevated. A few adjunct scales suggest that he may be overly reactive to someone else's attempt to impose authority (asb, T65; PD2, T70; FAM2, T68; ASP2, T79). Mother's validity scores were also well within the average range. She had two clinical scale elevations: Pa (T67) and Ma (T69), suggest excessive interpersonal sensitivities and low trust levels and poorly organized high energy levels. For example, she answered false' to the following item: I am usually calm and not easily upset. The non-clinical adjunct scales suggest 'hypomanic activation' (hpm, T69), a need to be in the authority/dominance role (Do, T70), and a tendency toward poor self-constraint (DISC, T66). At the same time her score for being socially comfortable and outgoing falls in the top 2% (Si, • T30). We saw that in her self-report information. Melissa's validity scores were also well within the average range. None of the clinical scales were elevated. Certain adjunct scale elevations suggest a tendency to be emotionally uncommunicative (R, T67) and socially avoidant (Si2, T72; SOD, T68; SOD1, T67). We saw that in her self-report information. [When with mother the children appear to be faced with interpreting a more confusing presentation of personality traits.] Millon Clinical Multiaxial Inventory-1. This measure targets personality disorders specifically, along with some symptom patterns, and is based on clinician judgments in patient settings. There is a weighting factor to rule out extreme defensiveness. Members of the general population who take the test tend to endorse a high number of items on the 4 (histrionic), 5 (narcissistic), 6 (antisocial), and 7 (compulsive) scales almost routinely, but very extreme scores can still be informative. Other elevations are more unusual for a custody population. I use the first version of this test because there are some general population norms for it, and the most recent version (MCMI-3) has been shown to have prominent gender biases when used with a general population group. When scoring, an elevation of BR 75-84 is considered suggestive and 85 or above is considered characteristic of disordered behavior. Father answered in a mildly defensive manner but still had an elevation on Scale 6 of BR81, perhaps reflecting the same 'authority' resistance found on the MMPI. Descriptive terms can include determined, independent, argumentative, and insensitivity to others. • Stecher/CustodyEval/Fields July 7, 2008 18 M ? Mother responded non-defensively, and her answers resulted in the following elevations: Scale • 5, BR115; Scale 4, BR93; Scale 6, BR85. The three scale combination suggests that she experiences very strong self-centered needs (5) that are satisfied with a socially aggressive approach for attention and reinforcement (4) which can be insensitive to the needs of others (6). Melissa had no scale elevations, but she answered in a moderately defensive manner; her highest scores were on Scales 6, 7, 5 in that order. This configuration suggests that insensitivity to the needs of others (6) could be expressed through forcing them into the mold of one's own sense of appropriate order and control (7) to feel good about one's own priorities (5). An example would be Melissa's 'hard line' approach to lying behavior. [Again, when with mother the children appear to be faced with interpreting a more confusing presentation of personality traits.] STRUCTURED PARENTING QUESTIONNAIRES Pre-Separation Parenting Questionnaire. Both parents responded to 50 items of parenting behavior ranging from planning and preparing meals to playing games with the child to attending to medical needs, to planning family activities. The responses of each parent indicated who he/she deemed to be the one who either was mostly responsible or did his/her fair share. "Both" or "neither" or "other" were a possible response. Even in custody cases, one parent usually gives the other credit at least 20-40°x6 of the time. Results. The parents agreed on their responses 60°x6 of the time. Mother rated herself as being . mostly responsible for 97% of the tasks, with father doing his fair share 36% of the time. Father rated himself as being mostly responsible for 60% of the tasks and gave mother credit for doing her fair share 67% of the time. The parents were in agreement that mother handled the following tasks: bathing, changing diapers, toilet training, teaching grooming, purchasing clothes, cleaning clothes, providing comfort, talking with the child about daily stuff, being a good listener, more times of p/c interaction, demonstrating love with actions, knowing names of child's friends, handling problems with friends, arranging time with friends, taking to church, arranging for sitter care, getting up in the middle of the night. The parents agreed that both did at least a fair share amount of the following tasks: planning and preparing meals, handling problems between siblings, demonstrating love with words, playing inside games and watching TV with the children, providing transportation, attending the child's community functions, being reliable about keeping appointments, teaching the child about loving relationships, and planning family activities. [The level of agreement on parenting tasks is generally higher than one finds in most custody cases. Father is the more generous rater. We have seen elsewhere that mother maintains a considerable amount of anger and resentmen4 which has possibly influenced her perceptions.] Parenting Behavior Rating Scale. This instrument was formulated by the evaluator and is a measure of abstract parenting judgment. It consists of 30 scenarios where the parent responds to child behavior with a judgment/decision. The custody adults then rate the parents' reactions . along a poor-fair-good-excellent scale from 1 to 7. The ratings of the custody adults for each Stecher/CustodyEval/Fields July 7, 2008 19 . r item are compared to the average rating of a group of ten professionals who had years of • experience of working with families and children. Across a ten year period, the ratings of the professionals are shown to agree with the ratings of 185 custody parents 90% of the time when two broad choices are given: poor-fair // good- excellent. In a group of 50 cases, when the parent with a higher PBRS Total-score was favored by the full range of evaluation data, there was an average Total-score difference between the parents of .2 1, as compared to .13 (one standard deviation is .20) when the parent with the lower score was favored by the full range of evaluation data. The following scores (percentages) are calculated: 30-item, Flexibility (5-items), Caution (4- items), Non-harsh Discipline (4-items), 13-Item FCD, and Total: 30-Item + 13-Item. An average (68% of the total population) parent's Total score falls in the range of 1.30 to 1.70. To illustrate how this instrument works: (1) All three adults agree with the professionals that the following scenario represents poor parenting: 10yr old Jimmy swears and curses when he doesn't get his own way. After scolding and taking privileges doesn't work, the parents use the old stand by of putting pepper in his mouth. (2) All three adults agree with the professionals that the following scenario represents good parenting: 10yr old Vance, a boy, is interested in ballet lessons, and 13yr old Jacquie, a girl, is interested in auto mechanics. The parents feel somewhat uncomfortable, but they provide opportunities that support the interests. Results. 30-Item Flexibility Caution Disc FCD-13 30-13 Total Father .80 1.00 .75 .50 076 1.56 Mother .93 1.00 1.00 .75 .92 1.85 • Melissa .83 1.00 .75 .75 .89 1.67 Mother's Total score falls in the above average range, and father's and Melissa's Total score each falls in the higher range of average. For Children 10 thru 15 years of age, father agreed with the professionals 10 of 12 times, mother agreed with the professionals 11 of 12 times, and Melissa agreed with the professionals 11 of 12 times. [it appears that solid potential for good parenting judgment is found in both homes. Mother's judgment is somewhat favored on this instrument:] UNSTRUCTURED OBSERVATION: Mother's Home. Ian's Room is carpeted and has a single window with blinds, curtains, and an A/C unit. There is a single bed with a striped bed spread that matches the curtains and sheets/pillow case with a fish/dolphin design. There is a double closet, chest of drawers, and two open shelving units. Other items include a variety of toys, CD/radio, stuffed animals, and a snare drum. Ian initially spent a substantial amount of time lessening the clutter by picking up various toy items and putting them in a cardboard box. He then talked the evaluator into lifting the box and putting it in the closet for him. Ian engaged in a steady stream of conversation as he demonstrated a huge Transformer and talked about a broken toys box (one item in it), an airplane, and a replica of the Declaration of Independence. He also noted that his mother used to play the drums and was or would be teaching him how to play the snare drum. He also mentioned taking a portable Nintendo back and forth between the parental homes. • Stecher/CustodyEval/Fields July 7, 2008 20 Shannon's Room was quite cluttered in appearance. It is carpeted and has a single window • with blinds, curtains, and an A/C unit. There are two prominent pictures of the children and their father. She made a point of saying that the quilt on her bed was from Hershey hospital, telling me, "After dad left I wasn't doing so well." Other room features are a double closet, two chest of drawers, boxes stacked for storage, and shelving. Various items in the room included a Harry Potter book lying on the floor, CD/radio player, a globe, Hershey Bears mascot hat, name signs made in wood-shop at school, and shelves of miscellaneous acquisitions. Wall hangings included a dog poster, various articles cut out of the newspaper, a Dragon Species poster, and a Pirates of the Caribbean poster, and Scarlet Pimpernel items. Shannon engaged in a steady stream of conversation about various items in her room. She spoke about her participation in the D.A.R.E. program and her winning essay, and she got out a notebook and certificate to show me. She got out a school publication which contained two of her poems, "Life Tree" and "Paths', showed me two pages of avatars which she made of friends at school and a birthday card from her friend Jake and other birthday presents and drawings which she bought from a sale to help pay for church debts. There was also a pillow made in her Family Consumer Science class as well as a detailed map of the U.S. with capitols, mountain ranges, and the Oregon Trail. There was also a human anatomy book. Almost 2'x 3' in size, and she said, "I wanted to be a doctor". Also, she made a point of showing me a portable DVD which her aunt bought. Family Interaction. Breakfast had been completed when I arrived. The children were comfortable showing me their rooms and talking. They entertained themselves in their rooms during mother's interview; there may have been one minor verbal squabble. Parent and children enjoyed each other's company, and for the most part the interaction was positive and • reinforcing. See also the comments under the Structured Observation: Ungame section. UNSTRUCTURED OBSERVATION: Father's Home. Ian's Room has a single window with a roll-up blinds. The room is carpeted and has a double closet. Furnishings consist of a single bed, chest of drawers, shelving, plastic stacked drawers, a small table, and a contemporary rocker. The design on the sheets and pillow case was military camouflage with military vehicles and insignias on the bedspread. Various items in the room included a clock, radio/CD player, portable Nintendo, race track, stuffed lion, and a number of projects, mostly vehicles, constructed from [egos. Wall hangings included Pinewood Derby certificates, a Shrek poster, dog picture, and a dragon poster. The room was adequately organized with a minimum amount of clutter. Ian engaged in a flow of conversation about his walkie-talkies, his lego projects, and about how his "Pop Pop" helped him make the Derby racer. Further, he played a portion of his "Tales of Unfortunate Events" CD and commented on it. Shannon's Room has a large double window that has shear curtains with a flower design. The room is carpeted and has a double closet, and furnishings consist of a single bed under a shear canopy which hangs from the ceiling, a clock, chest of drawers, stacked plastic drawers, shelving, a bean-bag chair, phone, lamp stand, and radio/CD player. The bedspread, sheets, and pillow case had color combinations of purples, blues, and greens without speck design. Other items in the room included stuffed animals, a Harry Potter Chess set, books (particularly a series called 'Incarnation'), a collection of sea animals, and a trumpet/coronet. Wall hangings • included a framed water color, a framed Winnie the Pooh, and a Spiderman poster. Stecher/CustodyEval/Fields July 7, 2008 21 • The room was far from neat, with no apparent attempt to make it look okay in advance of the evaluator's visit; clothes were hanging out of drawers and laying on the bed, which was not made, and shelves were cluttered. Shannon spent a good amount of time talking to me about how her MP4 worked, a device with ear phones which plays music, displays movies and photographs, and makes voice recordings. Family Interaction. When I arrived the children were eating breakfast. They were initially mildly oppositional with their remarks to the parents, especially Shannon, and the adults handled these circumstances with a calm even manner; there were no prolonged or rancorous episodes of defiance. The children took an interest in showing their rooms to me and easily chatted in response to my questions. During the adult interviews they spent most of the time in their rooms, and the parents joined them in playing games or watching TV. There was no arguing or squabbling between the children. When father eventually indicated that he wanted to prepare lunch, Melissa completed her interview with me in the office area. See also the comments under the Structured Observation: Ungame section. [The evaluator is impressed that in mother's home, the children openly display pictures of themselves with the other parent That is not seen/a/lowed very often in custody home visits. The children were comfortable with their rooms. Shannon was more animated in interacting with her room at mother's home. STRUCTURED OBSERVATION: Ungame. The Ungame activity is a non-competitive board game which promotes family conversation in the form of both comments and questions. Father's Home. The camaraderie was positive with a lot of laughter. There was a spontaneous family decision to roll the dice to see who would go first. The children tended to interrupt, and the parents did not always set a boundary, picking their moments, but the children did respond appropriately when reminded to settle down. Both children participated creatively. Shannon was very animated and talkative. She was not out of control, but she treated the event, so to speak, like a structured party. Some of her remarks were directed toward Melissa, humorous and mildly critical. Ian participated with humor, interest, and adequate attention, but he was very restless and seldom remained still in his chair. Father. In response to various game prompts Brian said that he felt challenged at work to decipher a particular program, denied any recent fearful experiences, said that he would react to embarrassment with a joke, offered that the important things in life to him were family, work, his computer hobbies, and being successful, together with Melissa told Ian that he had been grounded from electronic games for a week not for what he did but because he lied about it, and said that if he has a choice to be alone he feels peaceful and enjoys the moments, but he would be lonely if he didn't have a choice. Shannon described the physical structure of her church, answered Melissa that philosophy had to do with "ideas," said "not fair" to Melissa's explanation of ostracism as punishment for lying, said that she would like to eat string cheese with the TV star Mick St. John, remembered an embarrassing moment of falling off of a chair on stage during a school assembly program, commented that her humor helped take Melissa's stress away, talked about a pet fish at her • mother's home, said that she would respond to criticism by anyone except her dad by getting Stecher/CustodyEval/Fields July 7, 2008 22 mad and giving a retort, spoke of liking Day Care because of the friends that she's made, would • take a sailboat to Ireland, and said that in ten years she would look like a 22 year old. Ian answered Melissa that he was not glad to be out of school, said that he felt challenged by social studies, said that he was thankful for family, life, and friends, and he named Isaac at school, mentioned cleaning his room as a chore, said that his reaction to being alone was the same as his dad's, admitted to lying about throwing a stone at a peer who was teasing him, felt relaxed enough to go to the beach, denied being worried about anything, and asked his sister if she was impatient. Melissa indicated that her favorite school subject was philosophy, offered that a good law for people to live by would be 'no more lies' and that the punishment should be ostracism, denied currently feeling stressed and that humor relieves stress, admitted to getting cranky and snippy when things don't go her way, would like to go on some kind of three day week-end for her birthday, said that getting hungry was making her impatient, and observed that it was cool for father and Ian to have the same reaction to being alone. Mothers Home. The family decided to play the game on the floor of the living room, and they rolled to see who would go first. The children were at least mildly difficult to settle during this activity, tending to be quite silly ("I'll take a sailboat to Memorial Park.") and disruptive verbally, grabbing game cards, and so forth. Mother found herself frequently saying, "Come on now, get serious and they eventually did. Ian was initially defiant of his mother's request not to play with a 'transformer' at the same time as the game, but he eventually relented. He was also very physically interactive with his mother, spontaneously seeking out hugs quite a few times and engaging in shoulder blocks as if he were a lineman on a football field. Even so, the game • proceeded relatively smoothly with good natured participation from all. In response to various game cues Shannon told her mother that she would like to be able to' have a date for a school dance next year, denied impatience saying, "I'm important not impatient", denied feeling alone, denied feeling peaceful and didn't take the chance to go to the beach, said that family was important to her ("not including Melissa"), said that friends were important to her, and she named Mike and Jake at school and Cherokee and Dustin in the neighborhood, admitted to her mother that Mike sent an email saying that he liked her, could not think of anything that she wanted for her next birthday, spoke of an experience in school when she told a bullying classmate to stop picking on an MR classmate, and reported him, said a friend at church gave her a pet fish, and responded to mother's question about what she would like to do for a whole day, saying, "put Ian and Melissa in a blender, no go to Hershey Park." Ian said that he was thankful for his home, denied feelings of being challenged by anything, like his sister chose not to endorse peacefulness and go to the beach, said that he becomes angry and walks away when criticized, asked his mother when she feels relaxed, admitted to his mother that he 'cried' when he didn't get his own way, denied having any fears, asked his mother what she did when they went to 'daddy's house', toward the end said that he was impatient about getting the game over, mentioned that he would like to have super-hearing like Daredevil the Marvel Hero, called football and scout camps awesome because he likes to be around people ("except daddy, he's annoying"), and told his mother that if he could take one person to school with him it would be her. Mother asked Shannon to say one thing that she wanted to happen in school this coming year, asked Shannon what she would like to do for a whole day, said that her biggest challenge is • trying to work with someone-she-can't stand, denied feeling impatient, asked Ian how he really Stecher/CustodyEvaVFields July 7, 2008 23 y .s felt about going to football and scout camps, said that as a child she wasn't allowed to hang • things on the walls of her room and did homework in the living room because her desk was too crowded, defined love as putting up with someone's quirks no matter what, didn't see herself as changing much in the next ten years, asked Shannon if she got a special email from Miles, said that when the kids were with dad she saw friends and her parents, read, and watched movies, admitted to worry "about this whole thing" (custody) but her friend Bob told her that it would work out, and asked Ian whom he would take to school for one day if he could. (The exchanges were somewhat richer in content, breadth and detail at mother's home. The children demonstrated better self-control at father's home. At father's Shannon demonstrated the capacity to see positives in her relationship with father and Melissa. The children were more emotionally extreme at mother's home, both in terms of affection (going towarap and resistant behavior (pulling away). The children threw in critical zingers of fathedMelissa, and Shannon of /an, when at mother's home.] SUMMARY. The reader will recall from the introductory section that the evaluator hopes to find an effective combination of parent/child skills for building a loving relationship, exercising firm but kind authority, supporting positive peer associations, encouraging interests and goals, and modeling positive coping and problem-solving skills. The reader can view the report in summary either by re-reading the bold print italicized sections or by consulting the following chart which uses an X to indicate which parent clearly evidences the greater strengths in a given parenting skill-set. The categories are listed from indirect to direct and from subjective to objective indicators of parenting ability. +/- may be used for the contribution of a parent-partner if considered significantly influential. Category 1. Residence 2. Self-Report: Personal History Family of Origin Parenting Educational model Vocational model Social Networking model 3. Self-Report: Parenting Child Description Daily Schedule Discipline/Boundaries Future plan 5. Child Perception of Parent Drawings Interview Mother Father Melissa X X X • X X Stecher/CustodyEval/Fields July 7, 2008 24 r Catecorv Mother Father Melissa • 6. Standardized Tests: Personal Traits model MMPI-2 X + MCMI-1 X - 7. Parenting Questionnaires Parent Relationship model X Pre-Separation Parenting Q X PBRS X + 8. Observation Communication model X Co-parenting Communication X Unstructured Interaction Structured Interaction X Ian's Room Shannon's Room X Overview. The above parenting skill-sets overall favor father, but that doesn't mean that the parenting skill differences are of a large magnitude, nor does it mean that father's prolonged minimal contact with the children has not had a major effect on family member thoughts, feelings, and attitudes. STATUTORY GUIDELINES: Domestic Relations (Title 23): Children and Minors, Chapter 53: 5303. Award of custody, partial custody or visitation. (a) General rule.--In making an order for custody, partial custody or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the non-custodial parent and the child. In addition, the court shall consider each parent and adult household member's present and past violent or abusive conduct which may include, but is not limited to, abusive conduct as defined under the act of October 7, 1976 (P.L.1090, No.218), known as the Protection From Abuse Act. Evaluator Observation. At the present time, father is the parent most likely to encourage liberal contact between the children and the other parent. Over time it is this evaluator's opinion that mother's reticence will subside, as father "proves" himself. Neither parent engages in abusive behaviors toward the children. CONCLUSIONS. Conclusions in this report have been drawn with a significant degree of certainty using methods common to the art and science of psychology. (1) Although father's return to the area has now been over a year, the richness, breadth, and detail of the parent/child exchanges has not yet reached the level found in mother's home. (2) There is no evidence that father's return to the area has hindered the children's school and community adjustment. (3) The children will benefit from a more time intensive contribution from father in the areas of • responsibility for homework, boundary setting, and behavioral management. Stecher/CustodyEval/Fields July 7, 2008 25 • (4) Mother continues to carry the burden of heavy resentment and anger toward father for 'abandoning' the family, and the children's reactions come under that influence. (5) Both parents support the full range of the children's personal interests and hobbies, school, community, and church activities. (6) There is a sufficient number of potentially confusing impressions for the children in mother's environment to require balance by father's environment. (7) It would be useful for the parents to consult at least one other professional about the children to obtain opinions about self-management plans, diagnoses, and medications. RECOMMENDATIONS. (1) Joint legal and residential custody, with an alternating weekly schedule, the exchange being Sunday evening, or any other relatively "equal" schedule that is acceptable to both parents, with free access to the other parent by phone and/or email. (2) Individual counseling for mother to help her express and resolve her frustrations and anger, particularly with father, some of which may be increased by the conclusions of this report. (3) Seek a second psychiatric opinion about the children's diagnoses and medications. • (4) Work together, or with a psychologist/counselor, to develop self-management plans for the children that can be implemented equally in each home. (5) Meet once a month with a co-parent counselor to discuss on-going issues of parenting. 1 r Eug a H. Stecher, M.A. -?- PA Licensed Psychologist 5074-L Court Appointed Custody Evaluator is Stecher/CustodyEval/Fields July 7, 2008 26 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA" E ? ? t: '?` -?? ? ? ? ! : `, CHRISTINA FIELDS, i, I PETITIONER V. Docket No. 10-61%6 C. v+l Tm BRIAN FIELDS, IN CUSTODY RESPONDENT PETITION FOR MODIFICATION OF CUSTODY 1. Petitioner is Christina V. Fields, who resides at 116 W. King Street, Shippensburg, PA 17257. 2. Respondent is Brian L. Fields, who resides at 116 Sir William Drive, Newville, PA 17241. 3. Petitioner and Respondent are the natural parents of the following children: Name Date of Birth Age Shannon M. Fields 6/21/1996 13 Ian M. Fields 10/31/1997 12 4. Petitioner and Respondent currently have shared legal and physical custody of the children pursuant to a custody order entered November 26, 2008 by Judge Walsh of the Court of Common Pleas of Franklin County. Judge Walsh's Order provided for week-on/week-off custody of the children by Petitioner and Respondent, among other things. This Order was entered after Father had moved back to the area, *70 40 Po wrry ex* g4a9 ?,# a y i X39 having lived apart from the children for 5 years (2002 - 2007) and seeing them twice a year for vacations. Judge Walsh's Order was entered consistent with a custody evaluation recommending week on/week off shared physical custody, and following a hearing. 5. Circumstances have changed and it is in the children's best interest that Judge Walsh's Order of November 26, 2008 be revisited. The Order should be modified because of the following: a. After a year of spending equal time at Father's house, which constituted a substantial change from Mother having primary physical custody, both children have expressed a clear preference to Mother to live at Mother's home; b. The children are not permitted to speak by telephone freely to Mother when at father's home or to communicate by e-mail freely in that Father or Step-Mother often require their presence during such communications and read the children's e-mail (which is made apparent to the children); c. Stepmother and Father make frequent derogatory statements about Mother, saying she is "psychotic" and "doesn't pay for anything" in reference to her receipt of child support, among other things; d. The parents' daughter, Shannon, who will be 14 years old this year, has experienced periods of severe depression while living with her Father and has not been able to confide in him because of a fear of being criticized by him; e. Father is not taking the responsibility to ensure that the parents' son, Ian, takes his medication when Ian's condition makes it such that he may forget to take the medication; f. Father and step-mother are preventing the children from bringing their possessions back and forth between their two homes, even when Mother purchases the possessions, creating difficult dynamics between the two families; g. Father is interfering with the children's relationships with their teachers; h. Father is preventing the children from obtaining counseling of which they may be in need. WHEREFORE, Petitioner requests that the Court modify the existing Custody Order because it will be in the best interest of the children. bmitted, April 30, 2010 ?- ``V' - v _ Edmund J. Berger Attorney for Petitioner BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 VERIFICATION I, CHRISTINA FIELDS, verify that the statements made in this PETITION FOR MODIFICATION OF CUSTODY are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date CHRISTINA FIELD IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CHRISTINA FIELDS, PETITIONER V. Docket No. BRIAN FIELDS, IN CUSTODY RESPONDENT CERTIFICATE OF SERVICE I, Edmund J. Berger, hereby certify that a true and correct copy of the foregoing document, Petition for Modification of Custody, was served by First Class Mail on Friday, April 30, 2010 upon the Defendant's counsel. Jennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 tberger _bergerlawfirm.net Attorney for Plaintiff JUN 1 ~ 2010 CHRISTINE FIELDS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• : N0.2010-2965 CIVIL ACTION -LAW BRIAN FIELDS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this~1~ day of ~..Q.~ , 2010, upon consideration of the attached Custody Conci ation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Co Room No. ~_, of the Cumberland County Court House, on the 7"'day of , 2010, at q!fl (7 o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing, the Mother 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 five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated November 26, 2008 shall remain in full force and effect. 3. 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. cc~ and J. Berger, Esquire, counsel for Mother J~ ennifer Spears, Esquire, Counsel for Father ~~i ~ ~'Yld.t !-' N 0 n c n~ ._ ; c, :, i BY THE COURT, s CHRISTINE FIELDS, Plaintiff V. BRIAN FIELDS, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-2965 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 aze the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shannon M. Fields June 21, 1996 shared Ian M. Fields October 31, 1997 shared 2, A Conciliation Conference was held June 10, 2010 with the following individuals in attendance: The Mother, Christina Fields, with her counsel, Edmund J. Berger, Esquire, and the Father, Brian Fields, with his counsel, Thomas J. Williams, Esquire, substituting for Jennifer Spears, Esquire. 3. Judge Walsh from Franklin County, Pennsylvania entered an Order of Court dated November 26, 2008 providing for shared legal and shared physical custody on a week on/week off basis. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having alternating weekends and several weeks in the summer. Mother asserts that the older child requests to live primarily with Mother. Mother also maintains that the Father does not permit the children to talk privately with the Mother during his periods of custody, and that Father speaks derogatorily about Mother in front of the children, creating severe depression in the daughter. Mother further asserts that Father does not administer the son's medication appropriately. Mother opposes an updated custody evaluation by Gene Stecker and cannot afford a new custody evaluation. Father requested Mother's consent to have the family counselor testify at the custody hearing, which Mother refused to give. 5. Father's position on custody is as follows: Father seeks shazed legal and primary physical custody, with Mother having alternating weekends and periods in the summer. Father maintains that the children aze flourishing in school and have numerous friends. Father requested an undated custody evaluation to be performed by Gene Stecker, which Mother rejected. Father also requested Mother consent to the family counselor (Father and children) testifying at the custody hearing, which Mother refused to give. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. (o "/U-/U Date N[ acq ine M. Verney, Esquire Custody Conciliator .. . CHRISTINE FIELDS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN FIELDS, DEFENDANT NO. 10-2965 CIVIL IN RE: PETITION FOR CUSTODY EVALUATION AND TESTIMONY OF THERAPIST ORDER OF COURT AND NOW, this 14~' day of July, 2010, upon consideration of the Defendant's Petition for Custody Evaluation and Testimony of Therapist, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before July 30, 2010; 3. The Prothonotary is directed to forward said Answer to this Court. 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendant shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, the Court will determine if a further Order or hearing is necessary. By the Court, ,,,~;,,,;+~~ ,,•~•,~ i J;~ M. L. Ebert, Jr., J. - - '/Cdn~ ~ „d S ,Qe~~r, '~3~hK:~~ ~. Sp~r,s ~S8 ±~7 :~ ~~~ ~ 1 ~!~f OiOZ .. .. ~_: ~l i1 ~~' ~'o p ~ es r1a .`~~d ~~~ ~,~ ~~- .. .:311 ~/~~/~~ Edmund J. Berger, Esquire 2104 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 Attorney for Defendant CHRISTINE FIELDS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN FIELDS, DEFENDANT NO. 10.2965 CIVIL IN RE: PETITION FOR CUSTODY EVALUATION AND TESTIMONY OF THERAPIST ORDER OF COURT AND NOW, this 4th day of August, 2010, upon consideration of the Defendant, Brian Fields' Petition for Custody Evaluation and Testimony of Therapist, the Plaintiff's Answer thereto, and after status conference with Counsel, IT IS HEREBY ORDERED AND DIRECTED that Defendant's Petition to Compel the Testimony of the children's therapist, Paul Scalia, at the hearing scheduled for September 14, 2010, is DENIED. IT IS FURTHER ORDERED AND DIRECTED that ruling on the Defendant's Petition to Order a New Custody Evaluation will be deferred until after conclusion of the hearing scheduled for September 14, 2010. V Edmund J. Berger, Esquire 2104 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 Attorney for Defendant bas a t F S .72a`'~ t ~,, ~ ~/cc~ ~~ By the Court, ~~ M. L. Ebert, Jr., J. r~, ~_ .- ~ _~ ~'' ~„ ~ ~._ .J _. Y 4S ~ ~ `- -~ --~_ - ~ ~- ~ =^~ W c, -' _- ~ f~\F[LES\Ctima\11905 FieldsU1905.1.pra2 Reviud: 8/ 16/ 10 10:06AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant t ~ `_ '~ ' r ' f"t 2 w~ i ~ J4111~ 17 ~M ~~' I 1- _ '~ CHRISTINE FIELDS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-2965 CIVIL ACTION -LAW BRIAN FIELDS, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please file with the record the hearing transcripts of August 7, 2008 and August 27, 2008, which were held before the Honorable Richard J. Walsh, Franklin County Court of Common Pleas. MARTSON LAW OFFICES sy Jennifer ears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: August 16, 2010 CERTIFICATE OF SERVICE I, Tricia E. Eckenroad, an authorized agent for Martson Deazdorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Cazlisle, PA, first class mail, postage prepaid, addressed as follows: Edmund J. Berger, Esquire Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 MARTSON LAW OFFICES ....r--'.~' By `~ Tricia kenroad Ten East 'gh Street Cazlisle, PA 17013 (717) 243-3341 Dated: August 16, 2010 CHRISTINA V. FIELDS, Plaintiff V BRIAN L, FIELDS, Defendant IN RE: CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-2965 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of September, 2010, hearing in the above matter being closed, and after consultation with the parties, the father has withdrawn his motion to have another expert custody evaluation be prepared. According, IT IS HEREBY ORDERED AND DIRECTED that the motion is deemed moot. By the Court, ~, M. L. Ebert, Jr., -/Edmund J. Berger, Esquire For the Plaintiff /Jennifer Spears, Esquire For the Defendant :mtf ~~~ c ..~ o ~ ~' ' l ~ ' ~ ~~ ~~ co ~~ ° cn ~~s ~ ~~ "te i ~ ~ d. y1, cn ~"' rv r ~ c~ ~ ~ sv --~ ~.~ ~ ~~ ---~-~'~ -~ D CHRISTINE FIELDS, PLAINTIFF V. BRIAN FIELDS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2965 CIVIL IN RE: CUSTODY Ebert, J. December 14, 2010 - OPINION OF COURT Plaintiff in this case is petitioning for primary physical custody of the minor children. The current custody arrangement is shared legal custody and shared physical custody with each parent alternating custody on a week on/week off basis. PROCEDURAL HISTORY This custody case originated in Perry County as part of a divorce decree entered on October 18, 2004. A custody order was entered on October 14, 2004 based on a stipulation of the parties where the parties shared legal custody of the children and Mother had primary physical custody, and Father had partial physical custody of the children during summer vacations and on alternating spring breaks and Christmas holidays. On August 3, 2007, Mother filed a petition in Perry County to modify the custody order when Father moved back to Pennsylvania from California. Mother requested a decrease in Father's periods of physical custody during the summers. On August 9, 2007, Father filed a complaint for custody in Franklin County requesting shared physical custody of the minor children. On September 5, 2007, Father filed a motion with Perry County to transfer venue to Franklin County where the children then resided. Judge Walsh declined the transfer and instead deferred to Perry County to hear the case in its Custody Court on September 11, 2007. The Perry County Court issued a temporary custody order after the parties met with the Perry County Custody Conciliator. On October 19, 2007, Perry County Court transferred venue to Franklin County Court. Judge Walsh entered a temporary Order on January 22, 2008, adopting the Perry County Court's Temporary Order of September 11, 2007, and scheduled a custody conciliation conference for February 5, 2008. After the conference before Conciliator David W. Rahauser, the Court issued a temporary Order on February 29, 2008 directing that the September 11, 2007 order, with modifications, would remain in effect. The February 29, 2008 Order provided that Father would have partial custody on alternating weekends from Friday evening through Sunday evening, every Thursday evening and alternating Monday evenings, and that the parties would share custody in the summer by alternating two week periods. A two day hearing was held in August of 2008 before Judge Walsh which consisted of over 300 pages of testimony, and included the testimony and custody evaluation of Psychologist Eugene Stecher. On September 23, 2008, Judge Walsh entered an order granting Mother and Father shared legal custody and shared physical custody on a week on/week off basis. This Order has remained in effect since September 23, 2008. Both parents have moved to Cumberland County, and on March 15, 2010, Mother petitioned to have the case transferred to Cumberland County. By Order dated April 14, 2010, Judge Walsh granted the Petition and this custody case was transferred to Cumberland County. On May 4, 2010, Mother filed a Petition for Modification of 2 Custody.' On July 13, 2010, Defendant filed a Petition for Custody Evaluation and Testimony of Therapist. In an Order entered on August 4, 2010, this Court denied the Petition to Compel the Testimony of Therapist, and deferred ruling on the Petition to Order a New Custody Evaluation until after the conclusion of the hearing scheduled for September 14, 2010. Hearing was held on September 14, 2010. The parties did move to include the testimony of the hearing before Judge Walsh in August 2008 along with the custody evaluation done by Psychologist Eugene Stecher on July 7, 2008 into the record. FINDINGS OF FACT 1. Christina Fields ("Mother") and Brian Fields ("Father") were married in 1996 and separated in 2002. 2. The minor children, Shannon, age 14, Grade 9 and Ian, age 12, Grade 7.2 3. Father provides a stable and structured environment for the children and implements discipline in the household. 4. Mother lives with her boyfriend, John Lewis, whom she has dated since November 2009, and who moved into her house in February 2010.3 5. The children attend Shippensburg School District and would not have to change schools if the 50/50 custody arrangement is maintained. Father has been driving the children to school on his custody weeks, and would continue to do so under a 50/50 custody arrangement .4 'For clarification, we note that the date of the Custody Order referenced in the Petition for Modification of Custody, ¶ 4-5 should Sept. 23, 2008 and not Nov. 26, 2008. z N.T. Sept. 2010 p. 62. 3 N.T. Sept. 2010 p. 13. 4 N.T. Sept. 2010 p. 19-20. 3 6. Mother's live-in boyfriend, John Lewis, exercised poor judgment and inappropriate behavior when he called Children and Youth Services, without consulting Mother, based only on information received from the children that they had some conflicts while in Father's custody.5 7. John Lewis also exercised extreme poor judgment when, without consultation with Mother, he advised the children to call the state police when they had an argument with their father over a minor issue and where any reasonable person would have known that the children were in no dangers 8. John Lewis' motive for the actions listed in paragraphs #6 and #7 above, was self-serving and not in the best interest of the children. 9. Psychologist Eugene Stecher performed a custody evaluation on July 7, 2008, and testified in the August 2008 hearing before Judge Walsh as an expert in child custody evaluations. 10. Psychologist Stecher stated findings from his report that the children would benefit from the father's involvement with regard to discipline and boundary setting, responsibility for homework, and behavioral management. Mr. Stecher also stated that while both parents are capable of co-parenting, it would be more difficult for Mother and that the best scenario would be to have both parents share the responsibility.8 11. Psychologist Stecher indicated that children had more episodes of "traumatic behavior" at Mother's house than at Father's house.9 The children demonstrated better S N. T. Sept 2010 p. 91-94. 6 N.T. Sept. 2010 p. 93-94, 98 7 Notes of Testimony, Custody Hearing before Judge Walsh, August 7, 2008, p 11. (hereinafter N.T. Aug. 2008 p. $ N.T. Aug. 2008 p. 9-10. 9 N. T. Aug. 2008 p.14. 4 self-control at Father's home, and the children were more "emotionally extreme" at Mother's home.10 12. Mr. Stecher testified that in his opinion, based on his evaluations of the family, the children's best interests are served by spending equal or close to equal time with both parents." This Court finds the testimony and opinions presented by Psychologist Stecher to be credible and accurate. 13. Mother's household has lacked stability. She met her current boyfriend in November 2009 and he had moved in with her by February 2010. He has not held steady employment. 12 They have moved twice within the past year. 13 14. John Lewis has three children of his own who visit him at Mother's home periodically and have caused conflicts with both Shannon and Ian in the past, including conflicts resulting from a dating relationship between Shannon and Kyle, one of John Lewis's children. 14 15. Father has been married to his current wife, Melisa, since August 2005 and holds a steady job which allows him to work from home.15 16. After the August 7, 2008 hearing, the Order of Court dated August 29, 2008 giving Mother and Father shared physical and legal custody of the minor children on a week on/week off basis was based upon consideration of all testimony in the case which indicated that the children would benefit from equal involvement from both parents. 10 N.T. Aug. 2008 p.15. 11 N.T. Aug. 2008 p.17. 12 N.T. Sept. 2010 p.27-28. 13 N.T. Sept. 2010 p.27. 14 N.T. Sept. 2010 p.25-26. 15 N.T. Sept. 2010 p.38-39. 5 17. Neither child articulated any meaningful reason to support their preference for an arrangement that reduced amount of time with Father. 18. Neither child articulated any reason whatsoever to indicate that Father's household is unsafe or inadequate in any way. 19. There has been no change of circumstances that would dictate that the best interests of the children would be served by a modification to the current custody schedule. DISCUSSION The Pennsylvania Superior Court has consistently held that "in any custody determination, the paramount consideration is the best interest of the child." Jackson v. Beck, 858 A.2d 1250, 1252 (Pa. Super. 2004); see also Swope v. Swope, 689 A.2d 264 (Pa. Super. 1997). Best interests of the child should include consideration of all factors that legitimately affect the child's physical, intellectual, moral and spiritual well-being. Swope at 265. One of Mother's concerns with equal joint custody seems to be that such an arrangement would be disruptive to the children and that it would somehow provide an unstable environment for them. However, Mother points to nothing that indicates that Father's household is unsuitable for the children or that suggests that Father's household creates an unstable environment. To the contrary, all testimony shows that Father provides a structured environment for the children in which he enforces rules and monitors their schoolwork. All evidence presented supports this Court's finding that Father should have equal time with the children. Many of the issues raised in Mother's complaint were 6 either exaggerated or misrepresented, or have since been resolved. Father does not prohibit the children from having contact with Mother during his periods of custody, and complaints about disparaging comments made about Mother by Father and his wife have markedly decreased. Father has agreed to allow the children to attend counseling. Mother's other major reason for wanting to regain primary physical custody is that the children have requested it. While the express wishes of a child are not controlling in custody decisions, such wishes do constitute an important factor that must be carefully considered in determining the child's best interest. Cardamone v. Elshoff, 659 A.2d 575, 582-583 (Pa. Super. 1995) (citing McMillen v. McMillen, 602 A.2d 845, 847 (Pa. 1992)). The child's preference, however, must be based on good reasons, and the child's maturity and intelligence must be considered. Id. (citing McMillen, 602 A.2d at 847). Shannon is a very bright and thoughtful child, and Ian is also very bright and seems to be heavily influenced by Shannon. Both children had positive things to say about each parent, and neither child could articulate meaningful reasons why they preferred to live with Mother. The children's preferences are not the prevailing factor to be used in determining their best interests. While both parents do provide an adequate environment for the children, it is clear that Mother's household provides, at least in the children's minds, a more lenient and "laid back" environment. Mother provides less punishment and does not monitor schoolwork as closely as Father. It is no surprise that the children at their current ages might express a preference 7 to live with Mother in an atmosphere which affords them less scrutiny of their behavior. Because Father has only recently begun playing a larger role in the children's lives, it is not surprising that they may sometimes react negatively to new discipline and structure that is different than when they are in Mother's custody. While we take the children's preferences into account, in this particular case we do not find that the children's preferences necessarily reflect their best interests. Allowing the children to spend time with both parents equally will provide the best possible environment for these children. CONCLUSION The children in this case are benefiting from the involvement of both parents. While the transition to Father's involvement seemed to cause some difficulty at first, it is clear that Father and his wife are committed to making improvements and that they are willing to continue counseling to help create a positive atmosphere. The children are better served by having equal time with both parents. Therefore, we find that the current custody arrangement with shared legal and physical custody is in the best interests of the children in this case. By the Court, Edmund J. Berger 2104 Market Street Attorney for Plaintiff J?,, ?-4 Camp Hill, PA 17011 ``` M. L. Ebert, Jr., J. j N d CZ) m? 8 -< a <- cD t> 4 C:) s -*Z ° SL z -+? c C 1 ND 52 C D .r ul Jennifer L. Spears 10 East High Street Carlisle, PA 17013 Attorney for Defendant w D CHRISTINE FIELDS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN FIELDS, DEFENDANT NO. 10-2965 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 14th day of December, 2010, upon consideration of the Plaintiffs Petition for Modification of Custody, and after hearing, the following Order is entered: 1. Legal Custody: Mother and Father shall have shared legal custody of their minor children, Shannon M Fields, born June 21, 1996, and Ian M. Fields, born October 31, 1997, collectively the "children." Major, non-emergency decisions concerning the children, including but not necessarily limited to, the children's health, welfare, education and religious training shall be made by them jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy in the children's best interests. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with him or her as soon as practical. In accordance with 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, and the resident address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties shall share physical custody on a week on/week off basis with custody exchanges to take place each Friday after school or not later than 5:00 p.m. on those Friday when there is no school. 3. Telephone: In the spirit of being an accommodating parent with a nurturing obligation to encourage the children's relationship with the other parent, both parents shall allow and foster reasonable telephone contact between the children and the out of custody parent and no reasonable request by a child or parent for a telephone conversation shall be unreasonable denied. 4. Transportation: The parties shall share transportation, if necessary. It is noted that Father has offered to and should provide transportation as necessary to school and from school including to and from maternal grandparents' home as the parties may from time to time agree. 5. Christmas Holiday: Christmas shall be divided into two segments. Segment 1 shall be from December 24 at 1:00 p.m. through December 25 at 1:00 p.m. Segment 2 shall be from December 25 at 1:00 p.m. through December 26 at 1:00 p.m. Mother shall have custody of the children for Segment 1 in even numbered years and Segment 2 in odd numbered years. Father shall have custody of the children from Segment 1 in Odd numbered years and Segment 2 in even numbered years. 2 6. Thanksgiving: Thanksgiving shall be divided into two segments. Segment 1 shall be from 3:00 p.m. the Wednesday before Thanksgiving until 3:00 p.m. on the Friday following Thanksgiving. Segment 2 shall be from 3:00 p.m. on the Friday after Thanksgiving until 3:00 p.m. the Sunday after Thanksgiving. Father shall have custody in Segment 1 in even numbered years and Segment 2 in odd numbered years. Mother shall have custody of the children for Segment 1 in odd numbered years and Segment 2 in even numbered years. 7. Mother's Day and Father's Day: Mother shall have custody on Mother's Day and Father shall have custody on Father's Day from 12:00 noon until 8:00 p.m. 8. Parents' Birthdays: The parent shall cooperate in allowing the children to spend a reasonable time with each parent on that parent's birthday so that the children can go to dinner or some other activity with the parent having the birthday. 9. Other Holidays: Except for Thanksgiving and Christmas, the parent having physical custody for the week during which a holiday occurs shall have custody for that holiday. 10. Summer Vacation from School: The one week on/one week off schedule shall remain in effect through the summer vacation except for adjustments as the parents may from time to time to allow for special trips and for time with the other parent. 3 11.The Children's Maternal Grandparents: Because the children have established a meaningful bond with Mother's parents, the parties shall make accommodations to provide that the children continue to nurture their bonds with their maternal grandparents. This may include, but is not necessarily limited to, permitting the children to continue to go to their maternal grandparents' home after school even when they are in the custody of their Father, provided circumstances so warrant. 12. Cooperation and Non-Disparagement: The parties shall, from time to time, agree to other changes or modifications to the custody schedule as may be necessary in order to enable both parents to continue to foster and develop a good and health relationship with the children. The parties shall cooperate with one another to encourage the children's relationship with the other parent and shall refrain from any and all conduct, activity or communication which would adversely affect the children's relationship with either parent. Neither party shall make disparaging comments about the other in from of the children nor will they permit any other relative or person to do so. 13. Medications: During any period of physical custody, the parent having custody shall be responsible for assuring that the children take prescribed medications as prescribed. VINVAIA ?O ?Z ??d +]) ??Q OJOZ A a'VI O 410tld 3013.40-Q3llj l 30 4 By the Court, lq\-? M. L. Ebert, Jr., J. Edmund J. Berger 2104 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Jennifer L. Spears 10 East High Street Carlisle, PA 17013 Attorney for Defendant Copies z, /allyliv )?4U