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Home My WebLink About04-3708 BART TIMMERMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, NO. O'tJ 3'" q,r KATHY ANN TIMMERMAN, Defendant CIVIL ACTION - LA W : IN CUSTODY COMPLAINT FOR CUSTODY I, The Plaintiff is Bart Timmerman residing at 5900 WertzvilIe Road, Apartment B, EnoIa, Pennsylvania 17025 2, The Defendant is Kathy Ann Timmerman residing at 1959 Market Street, Camp Hill, Pennsylvania 170 II, 3, Plaintiff seeks partial custody of the following children: NAME PRESENT RESIDENCE AGE Abagale Timmerman 1959 Market Street, Camp HilI, Pennsylvania 17011 5 Daniel Timmerman 1959 Market Street, Camp Hill, Pennsylvania 170 I I 7 Annely Timmerman 1959 Market Street, Camp HilI, Pennsylvania 170 I I 13 Melissa Timmerman 1959 Market Street, Camp HilI, Pennsylvania 17011 15 4. The children were born in wedlock. The children are presently with the Plaintiff. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Defendant 1959 Market St Camp Hill, P A November, 2003 - Present Defendant 101 N, 2nd St Wormelysburg, PA November, 1999- November, 2003 Plaintiff & Defendant 101 N. 2nd 81. Wormelysburg, PA November, 1996 - Februay, 1999 The mother of the children is Kathy Ann Timmerman, currently residing at 1959 Market St Camp Hill, P A. 170 I I She is married. The father of the children is Bart Timmerman, currently residing at 5900 Wertzville Road, Apartment B, Enola, Pennsylvania 17025, He is married. 5, The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides by himself. 6, The relationship of Defendant to the children is that of Mother, The Defendant currently resides with the following persons: NAME RELATIONSHIP Abagale Timmerman child Daniel Timmerman child Annely Timmerman child Melissa Timmerman child 7, Plaintiff has not participated as a party in previous litigation concerning the custody of the children, Plaintiff does not know of a person not a party to the proceeding that has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8, The best interest and permanent welfare of the children will be served by granting relief requested because: (a) The Plaintiff has been visiting regularly and extensively with the children since their birth; consequently, the Plaintiff has a well established and loving relationship with his children, (b) The Defendant has been denying Plaintiff visitation with the children, and without Court Ordered visitation, the Defendant will continue to deny Plaintiff visitation with his children, which will cause the children (and Petitioner) to suffer immediate and irreparable harm, (c) Plaintiff is able to provide a stable home and emotional environment for the child; and (d) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so, 9, Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action, WHEREFORE, Plaintiflrequests that this Honorable Court grant the following relief: (a) Award Plaintiff visitation or partial custody of the children, (b) Enjoin the Defendant from interfering with visitation between Petitioner and the children, Respectfully Submitted, Dated: r/ZF/or THE LAW OFFICE OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Tele, (717~761-7573 By: '- ~~ SHANE B.KOPE Supreme Court LD, # 92207 VERIFICATION I verify that the statements made in this Petition are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904 relating to unsworn falsification to authorities, Dated: l/zF/()y i. ~..t . }. ~T TIML)RMAN, Plaintiff ~ 'J:::0 '>t ~ 0 - r::- --- '$... 0 vt v. \.J-J D .;:r '0 '"C:) ()J ~ l:l. --- C' Ii=? C) c: :::::! ~.;.: o '" f-v i~) \2/ ..." e::a (':.:) J.- '- c- r:-: f'..) UJ ~~ -i :r: ni :!J r- -nm ~:"~(ri ,~~c) .~.~ :.:t, :)F5 ':rq " .~:l ;:n.~ -'" 'f] -..< BART TIMMERMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. NO, 0 If ~ 3 70 t' KATHY ANN TIMMERMAN, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Bart Timmerman, by his attomey, Shane B. Kope, petitions this Court to enter an order granting emergency relief regarding communication with, and visitation of, the parties' minor children, Abagale, Daniel, Annely and Melissa Timmerman pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure and in support thereof avers as follows: L Petitioner is the father of the below named minor children (collectively "children") and resides at 5900 Wertzville Road, Apartment B, Enola, Pennsylvania 17025, 2, Respondent, Kathy Ann Timmerman, is the mother of the below named minor children (collectively "children") and resides at 1959 Market Street, Camp Hill, Pennsylvania 17011. 3. Abagale Timmerman, whose date of birth is January 27, 1999, currently resides with Respondent 4, Daniel Timmerman, whose date of birth is December 4, 1996, currently resides with Respondent 5, Annely Timmerman, whose date of birth is May 13,1991, currently resides with Respondent 6. Melissa Timmerman, whose date of birth is December 11, 1988, currently resides with Respondent, 7, Petitioner and Respondent separated in November, 1999, 8, On July 29, 2004, Petitioner filed a Custody Complaint; Hearing on said Complaint is not yet scheduled. 9. Since the parties separated in November, 1999 and up till July 9, 2004, Petitioner enjoyed extensive periods of visitation with the parties' children, usually starting on Saturday afternoon at 1 :00 p.m. until the following Sunday at 8:30 p.m, while the children were attending school, or until 5:00 p.m, on Monday while the children were not attending school due to summer or Christmas vacation. In addition, during the children's vacation from school, Petitioner would stop at Respondent's home every Wednesday and Friday at 1:00 p,m, for 30 minutes to visit with the children, 10, Since July 9, 2004, Petitioner has virtually been denied visitation of the parties' children, Further, Respondent has cut off all communication between Petitioner and the children by turning off her telephone lines or changing her telephone number. I I, Two (2) days ago on July 26, 2004 Petitioner discovered that Respondent is currently moving out her home with the children. Upon this discovery, Petitioner went to Respondent's home on July 27, 2004 to confront Respondent about whether or not she was leaving with the children; Respondent not only admitted that she was moving away from her current home with the children, but also refused to tell Petitioner where she was moving to, or how he could reach her and the children, When Petitioner pressed Respondent for this information, she threatened to call the police and report him for harassment 12, Petitioner has received information from Respondent's landlord that Respondent plans on moving out of her home by Saturday, July 30, 2004. 13. Respondent's actions are detrimental to the best interest of the children and Petitioner and the children are suffering immediate and irreparable harm by Respondent's denial of visitation rights. 14, Respondent's actions are detrimental to the best interest of the children and Petitioner and the children will suffer immediate and irreparable harm by Respondents undisclosed relocation of the children. 15, Petitioner is entitled to visitation with the children until the final Order of Court in the custody action, WHEREFORE, Petitioner respectfully requests that, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, this Court enter an order directing the Respondent to provide a forwarding address and telephone number to the Petitioner before she leaves her current home, and that this Court enter an order granting Petitioner visitation or partial custody of his children and directing that Respondent be enjoined from interfering with visitation between Petitioner and the children until an entry of a final Order of Court in the pending custody action. Respectfully Submitted, LAW OFFICE OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 1701 I TeIe, (717) 761-7573 Date: '1-(2 j-/o 'f By: ~S}--L SHANE B.KOPE Supreme Court I.D, # 92207 VERIFICATION I verify that the statements made in this Petition are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa, C. S, ~ 4904 relating to unsworn falsification to authorities. Dated: 7-Z'1J - 04- ~~jJ. L' ~T TI~RMAN, Plaintiff BART TIMMERMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, NO, KATHY ANN TIMMERMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Shane B, Kope, Esquire, hereby certify that on June 24, 2004, I served a copy of the within Notice by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Kathy Ann Timmerman 1959 Market Street Camp Hill, Pennsylvania 17011. ~ Shane B. Kope, Esquire Supreme Court ID. # 92207 LAW OFFICE OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Tele. (717) 761-7573 ("""'l !", ( ,-. c:.=, c) ~,:;J J1l1 "-n ~7 ~ L,. 0 (:..:: " ".... -L ", - <> \.D ~ " a ~ ,.,. ..1:' 'S:>.. ::;; ,~ C:J vJ ~ ", r"'_ .........., '" BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW 04-3708 CIVIL KATHY ANN TIMMERMAN, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 2.," day of July, 2004, in consideration of the within petition for special relief, it is ordered and directed that: 1, Kathy Ann Timmerman, mother, will provide Bart Timmerman with her forwarding address and telephone number, or a similar means whereby Bart Timmerman may have contact with his children, before she moves away from her current home; and 2. A rule is issued upon the defendant, Kathy Ann Timmerman, to show cause why visitation ought not to be ordered as prayed for. This rule returnable seven (7) days after service. BY THE COURT, Shane B. Kope, Esquire F or the Plaintiff , /IlL 'A Hess,l :rlm cpfY ~(Vf.I) t (J AHt IGr ~ry (n~II.ed k, JJ.~/l;- -r::.'~aJ) Kathy Ann Timmerman Pro Se >- If) ~ 0:; '<:;l t:., I'-~ ::.) < UJ~J, C)=r Qi"s x: ': )~{ l~~_ .:;'"" <l: :)?] ~g (7'0 ',>- " (/) n:: N 'j.-=-::>: ,CL -, ,,- .~,. ~:""'lU ::.:> :jjCiJ u-:c -, (OCL 1=. .:~;~ -"" u.. = ::;, 0 = 0 c-... BART TIMMERMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 04-3708 CIVIL ACTION LAW KATHY ANN TIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 05, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, P A 17043 on Monday, September 13, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by !the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the couciliator 48 hours prior to scheduled bearing. FOR THE COURT. By: Isl Melissa p, Greevy, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our otIice. All arrangements must be made at least 72 hours prior to any hearing or business before the court You must attend the scheduled conference or hearing, YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~p~ ~r~ ha5j> y}p;:? ~~ ),05:3 ~.~, ~~--r;; /?{?-Y.:8 \;j;N\~\'ll,S'f\J~Eld ALNnCt-" n:,<".~/"--'}_::?Fli:\JnJ S I :8 ~!d s- ~rw ~OOZ AtN10NOH1Cud 3Hl :10 381J:iO-O::IlLJ BART TIMMERMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, NO. 04-3708 KATHY ANN TIMMERMAN, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE ANn FOR CONTEMPT Petitioner Bart Timmerman, by and through his attorney, Shane B. Kope, hereby moves this Honorable Court to enter an Order to Make Rult: Absolute for visitation of the parties' minor children due to Respondent's failure to show cause why visitation ought not to be granted as prayed for; the Petitioner also hereby moves this Honorable Court to enter an Order of Contempt against Respondent because of her viiolation of this Court's Order requiring her to provide a forwarding address and telephone number whereby Petitioner may have contact with his children, In support thereof, Petitioner avers as follows: I. Petitioner, Bart Timmerman, is the father of the below named minor children (collectively "children") and resides at 5900 Wertzville Road, Apartment B, Enola, Pennsylvania 17025. 2, Respondent, Kathy Ann Timmerman, is the motht:r of the below named minor children (collectively "children") and resides at 1959 Market Street, Camp Hill, Pennsylvania 1701 L 3, AbagaIe Timmerman, whose date of birth is January 27, 1999, currently resides with Respondent 4. Daniel Timmerman, whose date of birth is December 4, 1996, currently resides with Respondent 5, Annely Timmerman, whose date of birth is May 13, 1991, currently resides with Respondent 6, Melissa Timmerman, whose date of birth is December II, 1988, currently resides with Respondent. 7, Petitioner and Respondent separated in November, 1999. 8, On July 29, 2004, Petitioner filed a Custody Complaint; Hearing on said Complaint is scheduled for September 13, 2004 (a copy of this Complaint and Order is attached hereto as Exhibit I and made a part hereof.), 9, Also on July 29,2004, Petitioner filed a Petition for Special Relief wherein he prayed for this Court to enter an order directing the Respondent to provide a forwarding address and telephone number to the Petitioner before she leaves her current home, and that this Court enter an order granting Petitioner visitation or partial custody of his children and directing that Respondent be enjoined from interfering with visitation between Petitioner and the children until an entry of a final Order of Court in the pending custody action; the visitation or partial custody prayed for was from 1:00 p,m. Saturday until 5:00 p.m. Monday every wel~k during the minor children's vacation from school, and from 1:00 p.m, Saturday until 8:30 p,m, Sunday while the minor children are attending school (a copy of this Petition is attached hereto as Exhibit 2 and made a part hereof.) 10, This Honorable Court filed an Order requiring Respondent to (I) provide Petitioner with her forwarding address and telephone number whereby Petitioner may have contact with the parties' minor children and (2) issued a rule upon Respondent to show cause why visitation ought to be ordered as prayed for by Respondent (a copy of this Order is attached hereto as Exhibit 3 and made a part hereof.) I L The above Petition and was served by mail on July 29, 2004 (the verification in the Petition incorrectly states that the Petition was served by mail on June 24, 2004); the Petition and Order were also served by hand to the Respondent at Respondent's address on July 29, 2004, 12, In violation of this Court's Order, the Respondent rdused to provide a forwarding address to the Petitioner, and although the Respondent has provided a telephone number to Petitioner, she nor the children answer Pl~titioner's calls to the provided number, nor do they return Petitioner's calls after he leaves a voice mail on the provided number (this is, in essence, a failure to comply with this Court's Order to provide a telephone number to the Petitioner whereby he can have contact with his children), 13, In violation of the Rule issued by this Court, the R,espondent failed to show cause why visitation ought to be ordered as prayed for by R,~spondent Wherefore, Petitioner respectfully request that (I) this Court render its Rule for Visitation Absolute as provided in this Court's Order, attached as Exhibit "3", (2) this Court hold Respondent in Contempt of this Court's Order, attached as Exhibit "3," requiring Respondent to provide a forwarding address and telephone number whereby Petitioner may have contact with his children and (3) award Petitioner all counsel fees and costs incurred by him in the preparation of this Petition, Respectfully Submitted, LAW OFFICE OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Tele, (717) 761.7573 Date: 1'/ ~ IOY By: ~~*- SHANE B.KOPE Supreme Court I.D. # 92207 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C. S. Ii 4904 relating to unsworn falsification to authorities, Dated:4>-q - O~ ~~' , ) I . T TIM ]~AN, Plaintiff BART TIMMERMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. KATHY ANN TIMMERMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVIC]~ I, Shane B, Kope, Esquire, hereby certify that on August 9,2004, I served a copy of the within Notice by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Kathy Ann Timmerman 1959 Market Street Camp Hill, Pennsylvania 17011. ~- Shane B. Kope:, Esquire Supreme Court LD, # 92207 LAW OFFICE OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Tele, (717) 761-7573 AUO 1 2 2004 fy y/ BART TIMMERMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. C>4 - ..3170P vs, KATHY ANN TIMMERMAN, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this /~ day of tJ.ut~l;__, 2004, on consideration of Bart Timmerman's Petition to Make Rule Abso e and For Contempt, it is hereby ORDERED and DIRECTED that: 1. Kathy Ann Timmerman, mother, will appear for a Contempt Hearing on the :1 fL ~ day of ()p f'~ f , 2004 before Judge ~ at ~5 .. I D ~' /J1 .QR LJ'7 M H- ~' for failure to provide Bart Timme an her forwarding address and telephone naber, or similar means of contact, before she moved away from her last known address in violation of this Court's Order dated July 29th, 2004; 2, Bart Timmerman, father, shall have visitation or partial custody of the parties' minor children from I :00 p.m. Saturday until 5:00 p,m. Monday every week during the minor children's vacation from school, and from 1:00 p,m, Saturday until 8:30 p,m. Sunday while the minor children are attending school commencing with the next week following the date of this Order and until entry of a final Order in custody, 3. Kathy Ann Timmerman shall not interfere with visitation between the Petitioner and the children, 4, Kathy Ann Timmerman is to pay Bart Timmerman reasonable costs incurred by him in the preparation and prosecution of his Petition to Make Rule Absolute and For Contempt , J, j ,,-Xlj'YYi\7,ZSi'\//\i3::J AL!\.j; r r ; '~~;"-;:/-I'lf"'\ '.. '- .' - ~ i'f I~) 61:21',_1 91 ":tl,t fiCtaz . I \.., '$ l.~' dO BART TIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY A. TIMMERMAN, Defendant : NO. 04-3708 CIVIL TERM TO THE PROTHONOTARY: ENTRY OF APPEARANCE Please enter the appearance ofthe Family Law Clinic as attorney for the Defendant, Kathy A. Timmerman, in the above captioned matter. Respectfully Submitted, ~1/~ Michael Macht Certified LI~gal Intern ~ (t!ld<~ ~ . LACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 C"i :',,: 'c< c}'1 l',f '", BART TIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY A. TIMMERMAN, Defendant : NO. 04-3708 CIVIL TERM PETITION FOR LEAVE TO WITHDRAW The Family Law Clinic hereby petitions for leave to withdraw from further representation of Kathy A. Timmerman, pursuant to Pa.R.P.C. 1.l6(b)(6) and Pa.R.C.P. 1012(b), and in support therefore avers the following: I. On August 20, 2004, the Family Law Clinic met with, and agreed to represent Kathy A. Timmerman in the above captioned matter. At that meeting, the undersigned made it clear to Ms. Timmerman that she must remain in contact with th,~ Family Law Clinic to prepare for her upcoming contempt hearing and custody conciliation conference. 2. The Family Law Clinic entered an appearance in the above captioned matter on behalf of Kathy A. Timmerman on August 23, 2004, and served iit on opposing counsel, Shane Kope. 3. A Contempt Hearing is scheduled for August 26,2004 at 3:15 p.m. before Judge Hess. 4. A custody Conciliation is scheduled for September 13,2004 at 8:30 a.m. 5. Ms Timmerman has failed to maintain contact with the Family Law Clinic and failed to provide the Family Law Clinic with an appropriate manner to contact her. Repeated efforts by the Clinic to contact Ms. Timmerman to prepare for her court appearance have been unsuccessful. The telephone numbers she provided the Clinic were not operational. 6. Due to Ms. Timmerman's lack of availability, the Family Law Clinic was unable to properly prepare for her representation at her contempt hearing and upcoming conciliation. 7. The Family Law Clinic has attempted to contact Ms. Timmerman to inform her of this petition without success, although this date we were able to leave a voicemail message on her reactivated cellular telephone. 8. Pursuant to C.C.R.P. 206(2), the Family Law Clinic has sought and received concurrence from opposing counsel, Shane Kope, to this petition. 9. Family Law Clinic is attempting to serve this Petition at her last known address: 114 North Second Street, Wormleysburg, PA. 17043. WHEREFORE, the Family Law Clinic respectfully requests leave to withdraw from further representation of Ms. Timmerman in this matter. Date: ~/~/4 I Respectfully Submitted, ~~IiLJf Certified Legal Intern , . ;;-f~ C<-~ ( ./~ r<<J!ltl THO . PLACE ROBE E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMIL Y LAW CLINIC 45 North Pitt Street Carlis:le, P A 17013 717-243-2968 ,..., ~ 0 = c "'" ..,.. :i!-n ~ ~ -off) c:: nlf~ rn;T; ,,") -urn Z::r..} /-:,:,\> N :06 CT> 0 (j')." '~ ~~~ -<<t'; C' ~ .' -u b-H ?g :;::: ;.;;;ft\ ~. ~ ~ e;: "'" z. '0 ::;! 0 '< BART TIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY A. TIMMERMAN, Defendant : NO. 04-3708 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Macht, hereby certifY that I served a true and l:orrect copy of the Petition for Leave to Withdraw by depositing a copy of the same in the United States first class mail, postage prepaid on August 26, 2004 to the following people at the following addresses: Kathy Timmerman 114 N. 2nd Street Wormleysburg, PA 17043 Shane Kope, Esq. Law Office of Shane B. Kope 4660 Trindle Road Camp HilI, PA 1701 I Date: August 26, 2004 #~ Certified Legal Intern F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 ~ -"l?: ~r:e Z!:;., U;"'i 20 t~ ~ ~ ~ C") N C" J' .. , ~ :JC <:: c.n ~ -' ff,~ ~i(3 9.).. ::t:~ o~ ~' 2; :Q - BART TIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY A. TIMMERMAN, Defendant : NO. 04-3708 CIVIL TERM ORDER OF COURT AND NOW, this ,zr. . day of fh, ~..... ~ . , 2004 upon consideration of the attached petition, it is hereby ordered that the Family Law Clinic is granted leave to withdraw from further representation of Kathy A. Timmerman. BY THE COURT: /I,d J. ~ r ~v -< -t.. ~ ~ ,.. fl. ~.~ 6--f -J'~ -f~ r i Q ~ ~ c:: J:'" .-\ :-?-' :l:'.-n -;t,W. r." ~ f1'\lr:~ ;t.? N t1~i. C1' ~ ~u -0 Q :e. (') :JC ;; kO .., ::.< =c- ..... 'o- r. .' ~ ~ ~ ,~ BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF V. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KATHY ANN TIMMERMAN, Defendant NO. 04-3708 CIVIL TERM IN CUSTODY IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 26th day of August, 2004, this matter having been called for hearing, the defendant having indicated that she desires to retain counsel on the contempt matter, but it and that there is a possibility of an amicable resolution of this also appearing that a temporary custody order is being abided by matter between the attorneys, hearing herein is continued generally, the matter to be relisted at the request of either party. By the Court, :bg ~- Ad. ~ne B. Kope, Esquire For the Plaintiff ~hY Ann Timmerman / 114 N. Second Street Wormleysburg, PA 17043 A. Hess, J. '<J\\'-lIi,,1JS'l~d )JNf\CIJ G\l:f1;fje'N\O ~ c; :0 W~ L'Z ~{\~ '1~~t "tWi()\'lO\-I.l.O'dO 31-11 :\0 ~Q\j:\()<\:fIb\ SEP 1 6 2004 ~ BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERL.AND COUNTY, PENNSYLVANIA NO. 04-3708 CIVil TERM CIVil ACTION - lAW IN CUSTODY v. KATHY ANN TIMMERMAN, Defendant TEMPORARY ORDER OF COURT AND NOW, this Zo v day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES all prior Orders in this matter. 2. leaal Custodv. The parties, Bart Timmerman and Kathy Ann Timmerman, shall have shared legal custody of the minor children, Abagale Timmerman, born January 7, 1999; Daniel Timmerman, born December 4,1996; Annely Timmerman, born May 13,1991; and Melissa Timmerman, born December 11, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 3. Phvsical Custodv. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. To commence on September 18, 2004, each week from Friday morning at 11 :00 a.m. until Sunday at 6:00 p.m. 'v'IN'Vf\lASNN3d )JN00J Ct,I\{1238V'lro .,., :\\ \-l~ lZ d3S ~nn'l 1-.b"110NOH10dd 3Hl. :JO 3O\::~O-C131\~ NO. 04-3708 CIVIL TERM B. At such other times as the parties may agree. 4. Transportation. Mother shall provide transportation incident to these periods of custody. 5. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence or earshot of the children and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the children. 6. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children' s love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. Father shall be entitled to reasonable telephone contact when the children are in Mother's custody. At minimum, Father shall initiate a call on Tuesdays at 4:00 p.m. and Mother shall initiate a call on Thursdays at 4:00 p.m. 8. Holidavs. The following holiday schedule shall take precedence over the regular schedule: A. Alternatina Holidavs. The parties shall alternate the following holidays commencing with Mother having custody for Thanksgiving 2004: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. B. Christmas. Christmas shall be divided into two segments, Segment A and Sewment B. Segment A shall be from December 24th at Noon until December 251 at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 6:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. 9. Vacation. Each party shall be entitled to fourteen (14) days of custody for purposes of Summer vacation, which days need not be consecutive. For example, the traveling parent may use ten (10) days on one occasion and four (4) days on another. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans. In the event the parties have made conflicting vacation schedules, the party first providing written notice to the other will have choice of vacation time. NO. 04-3708 CIVIL TERM 10. Mother has relocated to Allentown without Father's agreement. There is pending a hearing on the Petition for Contempt filed following this Court's Order of August 13, 2004. That hearing shall be continued based on the following agreement of the parties: The Plaintiff's Petition for Contempt shall be held in abeyance for a period of 120 days. If during that 120 day window, Mother follows this Order as written, Father will withdraw his Petition for Contempt without prejudice to his right to re-file on the allegations occurring in 2004 going forward. BY THE COURT: Disl: 4ane B. Kope, Esquire, 4660 Trindle Road, Suite 1, Camp Hill, PA 17011 .~e E. Oesterling, Esquire, 42 East Main Street. Mechanicsburg, PA 1'7055 " . L~ O~ - :;,.1-() { BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3708 CIVIL TERM v. CIVIL ACTION - LAW KATHY ANN TIMMERMAN, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abagale Timmerman Daniel Timmerman Annely Timmerman Melissa Timmerman January 7,1999 December 4, 1996 May 13, 1991 December 11, 1988 Mother Mother Mother Mother 2. The parties' first Custody Conciliation Conference was held on September 13, 2004 with the following individuals in attendance: the Father, Bart Timmerman, and his counsel, Shane B. Kope, Esquire; the Mother, Kathy Ann Timmerman, and her counsel, Lee E. Oesterling, Esquire. 3. The parties reached an agreement in the form of an 0 9f6jjt ~ issa Peel Greevy, Esquire Custody Conciliator :235359 BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-3708 CIVIL KATHY ANN TIMMERMAN, Defendant IN CUSTODY IN RE: MOTION FOR CONTEMF'T ORDER AND NOW, this III d ay of October, 2004, at the request of counsel for the parties, hearing in the above-captioned matter set for September 24, 2004, is continued generally and to be relisted at the request of either party. BY THE COURT, ~~ane B. Kope, Esquire F or the Plaintiff ~e Osterling, Esquire F or the Defendant uaJ / Of'O~ ~ /0-0'>01 :r1m V!NVf\l..\S:\!1\!'~d tlNn~'" n'." ,."""~,,, I'U. ' ~U,,' : -'.:- ::"'-'~j'\111.J OS :Z Wd O~ d3S lJUOZ AtN10i\OH10od 3Hl dO 381::l:lQ-0311d LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(W,comcast.net Attorney for Plaintiff BART TIMMERMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 04-3708 KATHY ANN TIMMERMAN, Defendant. CIVIL ACTION - LA W IN CUSTODY PETITION TO RE-LIST CONTEMPT HEARING. AND FOR CONTEMPT Petitioner Bart Timmerman, by and through his attorney, Shane B. Kope, hereby moves this Honorable Court to re-Iist the Contempt hearing that was continued generally by this Honorable Court through Order dated October 1, 2004. The Petitioner further moves this Court to enter a new Order of Contempt against Respondent becaus(~ of her violation of this Court's September 20, 2004 Custody Order. In support thereof, Petitioner avers as follows: I. Petitioner, Bart Timmerman, is the father of the below named mmor children (collectively "children") and resides at 5900 Wertzville Road, Apartment B, Enola, Pennsylvania 17025. 2. Respondent, Kathy Ann Timmerman, is the mother of the children and resides at 516 Mountains Ave., Altoona, Pennsylvania 16601. 3. Abigail Timmerman, whose date of birth is January 27, 1999, currently resides with Respondent. 4. Daniel Timmerman, whose date of birth is December 4, 1996, currently resides with Respondent. 5. Annely Timmerman, whose date of birth IS May 13, 1991, currently resides with Respondent. 6. Melissa Timmerman, whose date of birth is December 11, 1988, currently resides with Respondent. 7. Petitioner and Respondent separated in November, 1999. 8. On July 29, 2004, Petitioner filed a Custody Complaint. 9. Also on July 29, 2004, Petitioner filed a Petition for Special Relief wherein he prayed for this Court to enter an order directing the Respondent to provide a forwarding address and telephone number to the Petitioner before she left her current home, and that this Court enter an order granting Petitioner visitation or partial custody of his children and directing that Respondent be enjoined from interfering with visitation between Petitioner and the children until an entry of a final Order of Court. 10. On July 29, 2004, this Honorable Court filed an Order requiring Respondent to (1) provide Petitioner with her forwarding address and telephone number whereby Petitioner may have contact with the parties' minor children and (2) issued a rule upon Respondent to show cause why visitation ought not to be ordered as prayed for. (a copy of this Order is attached hereto as Exhibit 1 and made a part hereof.) 2 1 L In violation of this Court's Order. the Respondent refused to provide a forwarding address to the Petitioner, and although the Respondent had provided a telephone number to Petitioner, she nor the children answered Petitioner's calls to the provided number, nor did they retum Petitioner's calls after he left a voice mail on the provided number; the Respondent also failed to show cause why visitation ought to be ordered as prayed for. 12. On August 12,2004, Petitioner filed a Petition to Make Rule Absolute and for Contempt based on Respondent's failure to comply with this Court's July 29, 2004 Order. 13. On August 13, 2004. this Court issued an Order directing Respondent to appear for a Contempt hearing on August 26, 2004 for her violation of this Court's July 29, 2004 Order that directed Respondent to provide a forwarding address and telephone number to Petitioner; this Court, within the same Order, also made absolute Petitioner's requested visitation due to Respondent's failure to show cause. (a copy of this Order is attached hereto as Exhibit 2 and made a part hereof) 14. After receiving this Court's August 13, 2004 Order, and on the advice of her counsel, Respondent provided a forwarding address and telephone number to Petitioner, and allowed Petitioner one weekend of visitation as Ordered. 15. Respondent appeared for the Contempt hearing on August 26, 2004, but requested a continuance of this hearing. Respondent needed to secure different counsel, as her counsel at that time, the Family Law Clinic, filed and was granted a Leave to Withdraw (a copy of this Petition and Order are attached hereto as Exhibit 3 and made a part hereof.). o J 16. On August 26, 2004, this Court issued an Order continuing Respondent's Contempt Hearing until requested by either party (a copy of this Order is attached hereto as Exhibit 4 and made a part hereof.) 17. After the continuance, the Respondent failed to follow this Court's July 29, 2004 Order in that she refused to answer Petitioner's phone calls, and to return his voice mails, or allow the party's children to do so with the exception of one occasion; she further failed to follow this Court's August 13,2004 Order in that she did not allow Petitioner visitation with his four minor children as ordered. I 18. On September 9, 2004, Petitioner tiled a Petition to re-list the Contempt hearing that was continued on August 26, 2004, and to enter a new Order of Contempt for Respondent's violations of this Court's July 29,2004 and August 13,2004 Orders that occurred following the continuance of said hearing. 19. On September 9, 2004, this Honorable Court entered an Order that re-listed the Contempt hearing from August 26, 2004 for September 24, 2004; the Order further provided that the continued Hearing will address Respondent's continued violations of this Court's July 29, 2004 and August 13, 2004 Orders. (a copy of this Order are attached hereto as Exhibit 5 and made a part hereof.) 20. In the meantime, on September 13.2004, a Custody Conciliation Conference was held pursuant to the Custody Complaint filed on July 29, 2004. Pursuant to this Conference, this 1 From August 28, 2004 - August 30, 2004, Respondent allowed Petitioner visitation with his two youngest children only, as Respondent picked up the two oldest daughters on the evening of August 28, 2004 against the advice of Petitioner and Officer Snyder of the Hamden Township Police Department, who Petitioner felt compelled to call to prevent Respondent from violating this Court's Orders. 4 Honorable Court entered a Custody Order on September 20, 2004 that contained the following relevant provisions: a. Respondent is required to transport the children to Petitioner's home at 11:00 a.m. each Friday morning and to pick them up at Sunday at 6:00 p.m.; b. Respondent is required to have the children available for telephone contact on Tuesdays at 4:00 p.m. when Petitioner must initiate the contact and on Thursdays at 4:00 p.m. when Mother must initiate the contact; c. Both parents are to refrain from making derogatory comments about the other parent in the presence or earshot of the children. d. That Petitioner would continue the September 24, 2004 Contempt hearing generally on the condition that the Respondent follows the Custody Order as written for 120 days. If successful, Petitioner would withdraw his Petition for Contempt without prejudice to his right to re-file on the allegations occurring in 2004 going torward. (a copy of this Order is attached hereto as Exhibit 6 and made a part hereof.). 21. On September 23, 2004, Petitioner tiled a Motion for Continuance for the Contempt Hearing to be held on September 24, 2004. 22. On October 1, 2004, this Court issued an Order continuing Respondent's Contempt Hearing until requested by either party (a copy of this Order is attached hereto as Exhibit 7 and made a part hereof.) 23. Since the entry of the September 20, 2004 Custody Order, the Respondent has willfully failed to obey said Order as tallows: a. Tuesday, September 21, 2004 - children were not available for Petitioner's scheduled phone call. b. Thursday, September 30, 2004 - children did not call at their scheduled time, but instead left him a voice mail at 4:55 p.m.; Petitioner leaves for work at 4:45 p.m. 5 c. Saturday, October 2, 2004 - Respondent did not bring children to Petitioner's home until 11 :35 a.m., 35 minutes after the scheduled time. d. Tuesday, October 5, 2004 - children did not call until 4:10 p.m., 10 minutes after the scheduled time. e. Thursday, October 14,2004 - children did not call until 4:35 p.m., 35 minutes after the scheduled time and 10 minutes before Petitioner leaves for work. f. Saturday, October 16, 2004 - Respondent did not bring children to Petitioner's home untilll: 1 0 a.m., 10 minutes after the scheduled time. g. Sunday, October 17, 2004 ~ one of the children told Petitioner that Respondent said, "I really hate that asshole now," in response to a notice that Petitioner filed for modification of the Support Order at that time. h. Saturday, October 30, 2004 ~ Respondent did not bring children to Respondent's home. Respondent's attorney at that time told counsel for Petitioner that it was because her car broke down. The next day Petitioner received a voice mail from one of the children claiming to be in town with the rest ofthe children. I. Thursday, November 4,2004 - children did not call until 4:15 p.m., 15 minutes after the scheduled time. J. Saturday, November 6, 2004 - Respondent did not bring children to Petitioner's home until 12:30 p.m., 1 hour and 30 minutes after the scheduled time. k. Thursday, November 11, 2004 - children did not call until 4:20 p.m., 20 minutes after the scheduled time. I. Thursday, November 18, 2004 . children did not call until 4:20 p.m., 20 minutes after the scheduled time. m. November 20, 2004 - Respondent did not bring children to Petitioner's home until 11:30 a.m., 30 minutes after the scheduled time. n. Thursday, November 25, 2004 . children did not call until 4:30 p.m., 30 minutes after the scheduled time. o. Saturday, November 27, 2004 - Respondent did not bring children to Petitioner's home until 12:10 p.m., I hour and 10 minutes after the scheduled time. p. Thursday, December 2. 2004 ~ children did not call at alL q. Saturday, December 4, 2004 - Respondent did not bring children to Petitioner's home until 1 : 15 p.m., 2 hours and 15 minutes after the scheduled time. 6 r. Thursday, December 9, 2004 - children did not call until 4:45 p.m., 45 minutes after the scheduled time, and when Petitioner should leave for work. s. Saturday, December 11, 2004 - Respondent did not bring children to Petitioner's home until 1 :40 p.m., 2 hours and 40 minutes after the scheduled time. t. Thursday, December 16, 2004 - Kids never called at alL u. Saturday, December 18, 2004 . Respondent did not bring children to Petitioner's home until 12:40 p.m., ] hour and 40 minutes after the scheduled time. v. Tuesday, December 21, 2004 - only one of the children was available to talk when Petitioner called. When asked, child said the rest of the children went shopping with Respondent. w. Thursday, December. 23, 2004 - children did not call until 4:15 p.m., 15 minutes after the scheduled time. x. Thursday, December 30, 2004 - children did not call at all. y. Saturday, January 1,2005. Respondent did not bring children to Petitioner's home until 2:30 p.m., 2 hours and 30 minutes after the scheduled time. z. Tuesday, January 4, 2005 - children were not available for Petitioner's scheduled phone call. aa. Saturday, January 8, 2004 - Respondent did not bring children to Petitioner's home until 11 :35 a.m., 35 minutes after the scheduled time. bb. Thursday, January 13,2005 - children did not call at aiL cc. Saturday, January 15,2004 - Respondent did not bring children to Petitioner's home until 11:45 a.m., 45 minutes after the scheduled time. dd. Tuesday, January 18,2005 - children were not available for Petitioner's scheduled phone call. ee. Thursday, January 20, 2005 - children did not call at all. ff. Saturday, January 22, 2005 - Respondent, through counsel, cancelled this visit on the condition that the roads were unsafe to drive due to the predicted snow storm. Petitioner, through counsel, agreed on that condition, At 7:30 a.m. that morning Petitioner called the Pennsylvania Turnpike 800 number to check on road conditions. An automatic response informed callers that the roads were safe to drive. When Petitioner called Respondent to tell her that it was safe to drive the children to his home, she refused. 7 gg. Thursday, January 27, 2005 - children did not call w1til 4:25 p.m., 25 minutes after the scheduled time. hh. Saturday, January 29, 2005 . Respondent did not bring children to Petitioner's home until 11 :35 a.m., 35 minutes after the scheduled time. 11. Saturday, February 5, 2005. Respondent did not bring children to Petitioner's home until 2:45 p.m., 2 hours and 45 minutes afier the scheduled time. JJ. Saturday, February 12, 2005 - Respondent did not bring children to Petitioner's home unti112:00 p.m., 1 hour after the scheduled time. kk. Saturday, February 19, 2005 - Respondent did not bring children to Petitioner's home until 11 :30 p.m., 30 minutes after the scheduled time. 11. Thursday, March 3, 2005 - children did not call at all. mm. Saturday, March 5, 2005 - Respondent did not bring children to Petitioner's home at all. Petitioner received no call ii'om Petitioner or her counsel. WHEREFORE, Petitioner prays this COLlrt re-list the Contempt hearing that was continued generally by this Honorable Court through Order dated October 1, 2004. The Petitioner further moves this Court to enter a new Order of Contempt against Respondent because of her violation of this Court's September 20, 2004 Custody Order. Respectfully Submitted, Date: ') /~/Zoo.r LAW OFFICE OF SHANE B. KOPE <:-~~~I SHANE B.KOPE 8 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 9 4904 relating to unsworn falsification to authorities. L~ BART TIM ----- Dated: 3 -7 -05- -- BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-3708 CIVIL KATHY ANN TIMMERMAN, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 2.t!l day of July, 2004, in consideration of the within petition for special relief, it is ordered and directed that: 1. Kathy Arm Timmerman, mother, will provide Bart Timmerman with her forwarding address and telephone number, or a similar means whereby Bart Timmerman may have contact with his children, before she moves away from her current home; and ~ 2. A rule is issued upon the defendant, Kathy Arm Timmerman, to show cause why visitation ought not to be ordered as prayed for. This rule returnable seven (7) days after service. BY THE COURT, Shane B. Kope, Esquire For the Plaintiff Kathy Ann Timmerman Pro Se :rlm ~ EXHIBIT " ~ ~ I;i -' ~ ., ------ AUG 1 2 20D4 .~ .--- BART TIMMERMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. ci-l- '::/101 KATHY ANN TIMMERMAN, Defendant : CIVIL ACTION - LA W : IN CUSTODY ORDER AND NOW, this /3fh day of of Bart Timmerman's Petition to Make I ORDERED and DIRECTED that: , 2004, on consideration lute and For Contempt, it is hereby athy Ann erman, mother, will appear for a temp Hearing on day of ,.2004 ~fore Jige at . . .4J!I' J/rJ C '-# for failure to provide Bart Ti erman her forwarding address and telephone number, or similar means of contact, before she moved away from her last known address in violation of this Court's Order dated July 29th, 2004; 2. Bart Timmerman, father, shal1 have visitation or partial custody of the parties' minor children from 1 :00 p.m. Saturday until 5:00 p.m. Monday every week during the minor children's vacation from school, and from 1 :00 p.m. Saturday until 8:30 p.m. Sunday while the minor children are attending school commencing with the next week following the date of this Order and until entry of a final Order in custody. 3. Kathy Ann Timmerman shall not interfere with visitation between the Petitioner and the children. 4. Kathy Ann Timmerman is to pay Bart Timmerman reasonable costs incurred by him in the preparation and prosecution of his Petition to Make Rule Absolute and For Contempt. ~ EXHIBIT '" ~ Z- '" ., -" ;;I. BART TIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY A. TIMMERMAN, Defendant : NO. 04-3708 CIVIL TERM ORDER OF COURT AND NOW, this ~(." ~ day of P."Ui' L Ji:.-J-. , 2004 upon consideration of the attached petition, it is hereby ordered that the Family Law Clinic is granted leave to withdraw from further representation of Kathy A. Timmerman. BY THE COURT: is / K OA~J () _. .J.I..O.A-A ) I I J. . EXHIBIT ~ ~ w -3 ~ ~ f.' "' -' ~ " Tr.:1iJ ~r: ~ . ""~ "'-0 !;iT ~'_',-o .~..." 'J( .'.'.' '; _ _...' .', 'd',""'"'S',&!' ",'~.' d, ,'_.._' _.". r~.~.'., ~'i".r': hi: .!:.,. ~ ..... '---- ";/. -~, ~ :. A~"C:.. P'A!,c.n(1fi\~ ~ BART TIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHY A. TIMMERMAN, Defendant : NO. 04-3708 CIVIL TERM PETITION FOR LEA VE TO WITHDRA W (') :;5 (') ~ ~ ~ ~lU ",.. X-n mr-'''' c:: rn-= The Family Law Clinic hereby petitions for leave to withdraw from further ;~~se~tio~~ of Kathy A. Timmerman, pursuant to Pa.R.P. C. 1.I6(b)( 6) and Pa.R.C.P. 10 12(b), ~:ip sUlJ>orti5 ~ ~:O (jf(l ~c: (,) "" therefore avers the following: ~ ~ ~ 1. On August 20, 2004, the Family Law Clinic met with, and agreed to represent Kathy A. Timmerman in the above captioned matter. At that meeting, the undersigned made it clear to Ms. Timmerman that she must remain in contact with the Family Law Clinic to prepare for her upcoming contempt hearing and custody conciliation conference. 2. The Family Law Clinic entered an appearance in the above captioned matter on behalf of Kathy A. Timmerman on August 23, 2004, and served it on opposing counsel, Shane Kope. 3. A Contempt Hearing is scheduled for August 26,2004 at 3:15 p.m. before Judge Hess. 4. A custody Conciliation is scheduled for September 13,2004 at 8:30 a,m. 5. Ms Timmerman has failed to maintain contact with the Family Law Clinic and failed to provide the Family Law Clinic with an appropriate manner to contact her. Repeated efforts by the Clinic to contact Ms. Timmerman to prepare for her court appearance have been unsuccessful. The telephone numbers she provided the Clinic were not operational. 6. Due to Ms. Timmerman's lack of availability, the Family Law Clinic was unable to properly prepare for her representation at her contempt hearing and upcoming conciliation. 7. The Family Law Clinic has attempted to contact Ms. Timmerman to inform her of this petition without success, although this date we were able to leave a voicemail message on her reactivated cellular telephone. 8. Pursuant to C.C.R.P. 206(2), the Family Law Clinic has sought and received concurrence from opposing counsel, Shane Kope, to this petition. 9. Family Law Clinic is attempting to serve this Petition at her last known address: 114 North Second Street, Wormleysburg, PA. 17043. WHEREFORE, the Family Law Clinic respectfully requests leave to withdraw from further representation of Ms. Timmerman in this matter. Date: 8J1 c{p /4 I Respectfully Submitted, ~#dif Certified Legal Intern " ~ ' ' <:"1 '/l ,I ;. '1 -, }e OJ.- ./bL r::vA '''i..{)t[/O THOMi'\ M:'PLACE ROBER\] E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLfNIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 04-3708 CIVIL TERM KATHY ANN TIMMERMAN, Defendant IN CUSTODY IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 26th day of August, 2004, this matter having been called for hearing, the defendant having indicated that she desires to retain counsel on the contempt matter, but it also appearing that a temporary custody order is being abided by and that there is a possibility of an amicable resolution of this matter between the attorneys, hearing herein is continued generally, the matter to be relisted at the request of either party. By the Court, Shane B. Kope, Esquire For the Plaintiff /l-d Hess, J. Kathy Ann Timmerman 114 N. Second Street Wormleysburg, PA 17043 :bg . ;t EXHIBIT "' ~ ~ Lf -' ~ " SEP 0 9 2004 P BART TIMMERMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. KATHY ANN TIMMERMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this 1 (&. day of .J,,,.r;:.,_1... , 2004, on consideration of Bart Timmerman's Petition to ReIist Contempt Hearing and For Contempt, it is hereby ORDERED and DIRECTED that: 1. Kathy Ann Timmerman, mother, will appear for her Contempt Hearing, 'jiCh was continued on August 26, 2004, on the .2 'I ~ day of f'-r;~.JL.., 2004 before Judge J!w,~' 0 1.k.dA at }I.'un /il.fl't. on ~ for failure to provide Bart 'Timmerman her forwarding address and telephone number, or similar means of contact, before she moved away from her address in Camp HilI, Pennsylvania in violation of this Court's Order dated July 29th, 2004 2. This Hearing will also address Respondent's violations of this Court's July 29, 2004 and August 13, 2004 Orders that occurred following the continuance of Respondent's August 26, 2004 Contempt Hearing when she failed, and continues to fail, to allow Petitioner visitation or contact with his four minor children. BY THE COURT: IS; ~"~ 0. /L , J. ~ EXHIBIT ~ ~5 ~ ;t, fRUE COpy FROM RECOHD In Testimony wllllreof. i hare unto set my Mod md the s~1 of said Cou at Carlisle. Pa. Thl 0- ay II ..' ..' ,.,2/JtJJ.. - SEP 1 6 2004 '\J Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 04-3708 CIVIL TERM BART TIMMERMAN, v. CIVIL ACTION - LAW KATHY ANN TIMMERMAN, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this )..0 day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES all prior Orders in this matter. 2. Leaal CustodY. The parties, Bart Timmerman and Kathy Ann Timmerman, shall have shared legal custody of the minor children, Abagale Timmerman, born January 7, 1999; Daniel Timmerman, born December 4, 1996; Annely Timmerman, born May 13, 1991; and Melissa Timmerman, born December 11, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. s5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 3. Phvsical CustodY. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. To commence on September 18, 2004, each week from Friday morning at 11 :00 a.m. until Sunday at 6:00 p.m. ~ EXHIBIT " ~ ~ ~ .. NO. 04-3708 CIVIL TERM B. At such other times as the parties may agree. 4. Transportation. Mother shall provide transportation incident to these periods of cu stod y. 5. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence or earshot of the children and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the children. 6. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children' s love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. Father shall be entitled to reasonable telephone contact when the children are in Mother's custody. At minimum, Father shall initiate a call on Tuesdays at 4:00 p.m. and Mother shall initiate a call on Thursdays at 4:00 p.m. 8. Holidavs. The following holiday schedule shall take precedence over the regular schedule: A. Alternatino Holidavs. The parties shall alternate the following holidays commencing with Mother having custody for Thanksgiving 2004: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. B. Christmas. Christmas shall be divided into two segments, Segment A and Se~ment B. Segment A shall be from December 24th at Noon until December 251 at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 6:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. 9. Vacation. Each party shall be entitled to fourteen (14) days of custody for purposes of Summer vacation, which days need not be consecutive. For example, the traveling parent may use ten (10) days on one occasion and four (4) days on another. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans. In the event the parties have made conflicting vacation schedules, the party first providing written notice to the other will have choice of vacation time. : NO. 04-3708 CIVIL TERM 10. Mother has relocated to Allentown without Father's agreement. There is pending a hearing on the Petition for Contempt filed following this Court's Order of August 13,2004. That hearing shall be continued based on the following agreement of the parties: The Plaintiff's Petition for Contempt shall be held in abeyance for a period of 120 days. If during that 120 day window, Mother follows this Order as written, Father will withdraw his Petition for Contempt without prejudice to his right to re-fiIe on the allegations occurring in 2004 going forward. Dist: Shane B. Kope, Esquire, 4660 Trtndle Road, Suite 201, Camp Hill, PA 17011 Lee E. Oesterting, Esquire, 42 East Main Street, Mechanicsburg, PA 17055 BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LA W 04-3708 CIVIL KATHY ANN TIMMERMAN, Defendant IN CUSTODY IN RE: MOTION FOR CONTEMPT ORDER AND NOW, this J Il day of October, 2004, at the request of counsel for the parties, hearing in the above-captioned matter set for September 24, 2004, is continued generally and to be relisted at the request of either party. BY THE COURT, Shane B. Kope, Esquire For the Plaintiff Lee Osterling, Esquire For the Defendant :rlm ~ Ii. ~ EXHIBIT -; -;- BART TIMMERMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. KATHY ANN TIMMERMAN, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire. hereby certify that on March 7, 2005, I served a copy of the within Petition by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Jan S. Barnett, Esquire 692 Market Street Lemoyne. P A \7043 A ttorney for Respondent -~S;~{2 Shane B. Kope, Esquire Supreme Court LD. # 92207 LAW OFFICE OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Tcle. (717) 761-7573 j~' ~ (""; _..J - LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY LD. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a),comcast.net Attorney for Plaintiff BART TIMMERMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 04-3708 KATHY ANN TIMMERMAN. Defendant. CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY MODIFICATION 1. The Plaintiff is Bart Timmerman residing at 5900 Wertzville Road, Apartment B, Enola, Pennsylvania 17025 2. The Defendant is Kathy Ann Timmerman residing at 516 Mountains Ave., Altoona, Pennsylvania 1660] 3. Plaintiff seeks partial custody of the following children: NAME PRESENT RESIDENCE AGE Abigail Timmerman 516 Mountains Ave., Altoona, Pennsylvania 16601 6 Daniel Timmerman 516 Mountains Ave., Altoona, Pennsylvania 16601 8 Annely Timmerman 516 Mountains Ave., Altoona, Pennsylvania 16601 13 Melissa Timmerman 516 Mountains Ave., Altoona, Pennsylvania 16601 16 4. The children were born in wedlock. The children are presently wjth the Plaintiff. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Defendant 516 Mountains Ave., Altoona, P A September, 2005 - Present Defendant 1959 Market SI. Camp Hill, PA November, 2003 - September, 2005 Defendant 10] N. 2nd St. Wormelysburg, PA November, 1999- November, 2003 Plaintiff & Defendant 101 N. 2nd SI. Wormelysburg, PA November, 1996- February, 1999. The mother of the children is Kathy Ann Timmerman, currently residing at 516 Mountains Ave., Altoona, Pennsylvania 16601. She is married. The father of the children is Bart Timmerman, currently residing at 5900 Wertzville Road, Apartment B, Enola, Pennsylvania 17025. He is married. 5. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides by himself. 6. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Abigail Timmerman child Daniel Timmerman child Annely Timmerman child Melissa Timmerman child 7. Plaintiff has participated as a party in previous litigation concerning the custody of the children within this Court under the current Docket No. 04-3708, Civil Term. Plaintiff filed a Complaint in Custody against Defendant on July 29, 2004. A Conciliation Conference was held on September 13, 2004. The parties reached an agreement in the form of an Order dated September 20, 2004. This Complaint is filed for the modification of that Custody Order. 2 Plaintiff does not know of a person not a party to the proceeding that has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) (b) As indicated by certain evidence within Plaintiffs control, Defendant and the children are leaving their present home} to reside with a Man in Cumberland County. and likely will be living there at the time of the Conciliation Conference pursuant to this Complaint. Other evidence indicates that this man: 1. lives with his wife(and possibly his daughter and granddaughter) in a three bedroom house; 11. was terminated from a job at a mortuary for showing a deceased and mutilatcd girl to two of the children at issue and Plaintiffs nineteen year old stepdaughter; iii, threatened Plaintiff s son with physical harm; specifically, that he would cut ofT his fingers with a butcher knife; IV. keeps and demonstrates to the children a collection of gold fillings he lifted from corpses when he was employed at the mortuary. Furthermore, Defendant has told Plaintiff that she does not trust said man around her children. Accordingly, Plaintiff is concerned about the children's' safety and well being in that they will not have an adequate place to sleep, keep their belongings, or generally care for themselves, as well as be consistently exposed to a man who can possibly harm the children physically and/or mentally. Plaintiff was called by the principal at his son's school who told him that a Children and Youth Services Agent came to the school to speak with his son. Following, PlaintitT called Children and Youth Services who told him that Defendant was reported for condition of her home, and the lack of proper care she was providing the children. The investigation is ongoll1g. (c) PlaintitT reccivcd information that the children have missed an unacceptable amount of schooL Although Plaintiff thus far has received only part of the requested attendance records, current evidence reveals that Abigail has missed a total of 24 days from school and Daniel has missed a total of IS days from school; all of the absences were excused. (d) Plaintiff arranged to have copies of his two youngest children's homework assignments e-mailed to him trom their respective schools. According to [ This will be the third time Defendant has moved with the children over the past year. , ,) the children's teachers. the children's grades went from failing to distinguished. (e) PlaintitT can acquire the facilities to provide for the care, comfort and control of the children. as well as the intention and desire to do so. (e) Plaintiff can provide much needed stability to the children's schooling, and otherwise. (1) Defendant continuously violates this Court's previous Orders regarding Custody. 9. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) A ward Plaintiff primary custody of the children; (b) Grant Defendant visitation with the children every other weekend and one night during the week: (e) Enjoin the Defendant li'om taking the children near, or otherwise exposing them to the man described above while in Defendant's controL Respectfully Submitted, THE LAW OFFICE OF SHANE B. KOPE Dated: 1/,/20(,; ,.- By: ~s~~ SHANE B.KOPE, ESQ. 4 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904 relating to unsworn falsification to authorities. - Dated: 3-7 - O? --f~:^ BART TIM -l4 (.) V< ~\~ _ C:- ~ ~ ~ ~ r- ~ 1- .~\ ~--::." ."(' - ." , Ii -- .2,., " . '-',' - . . (,;,) - ---- BART TIMMERMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3708 CIVIL ACTION LAW KATHY ANN TIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, March 18,2005 ,upon consideration of the attached Complaint. it is hereby directed that paJ1ies and their respective counsel appear before Melissa P. Greevy, Esq. . thc conciliator, at,__ DJ Manlove's, 1901 State Sf., Ca!"J>.Hi~l, PA 17011 , on ___.!.':i~lly,t\!,~i~9~o}~()5_~___ at. 8:3()__AM for a Pre-Hearing Cusrody Conference, At such conference, an effoJ1 will be made to resolve the issues in dispute: or if this cannot be accomplished, to denne and narrow the issues to be heard by the court, and to enter into a temporary order. A\1 children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearine. FOR THE COURT. By: Isl Melissa P. Greevy, Esq. Custody Conciliator .,J -----f~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our of lice, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL llELP. Cumberland County Bar Association 32 South Bedj()rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~7 "I- 1tpYlJ'4! #/q} " . Al :;1 [ ~ frP .'7-~" ''7i/, .97 J / I ~ P ".Jff- I.W1"?7Wtl[ r ' " .: ---------~/ BART TIMMERMAN IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, pENNSYL V A IA PLAINTIFF v. 04-3708 CIVIL ACTION LAW KA THY ANN TIMMERMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. ",.",__ "':ednesday, March 23, 2005 ,,' upon consideration of the attache Complaint, . the conciliator, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at DJ Manlove's, 1901 StateSt, Camp Hill, PA 17011", on ~,,~J':r:idaJ:',,~!!~iIO"~,"~~~;;.. at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the iss es in dispute; or ifthis cannot be accomplished. to define and narrow the issues to be heard by the court. and to enter nto a temporary order. All children age five or older may also be present at the conference. Failure to appear at the nferenee mav provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Ab e orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin FOR THE COURT. By: is/ Melissa P. Greel1)T. Esq. Custody Conciliator ')' The Court of Common Pleas of Cumberland County is required by law to comply wit with Disabilites Act of 1990. For infon11ation about accessible facilities and reasonable accom available to disabled individuals having business before the court, please contact our office. AI must be made at least 72 hours prior to any hearing or business before the court. You must atte conference or hearing. the Americans odations arrangements the scheduled YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU )0 NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI :E SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3 166 kr~ ~ ~ pr' t?-kJ 50. j1('''' t .~ ftv ~ r:: .~v, 5'0 h('T ~-i r 1 f1/""" 4J r'? ,0 "BE L'bce1! +rJ 1/1(/fi?/? jp , pi or7 Qj ".1,1 ,""\~ ~."'~~ . ,oj . ,\ >' , ';'10 C,-' 1"'\ ..z., ' 1(\ '.~ '..' ,., ",' , .. .,.." ,\(/')~C~\- ;- ,.,'"" ,r,,(I; ,,,' j-:'.:" .,-,"~~,).;~:-,-f~ J_ - _.,___~...e"_ Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, P A 17043 Telephone (717) 612-9375 Facsimile (717) 612-9376 Attorney for Petitioner, Kathv A. Timmerman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY A. TIMMERMAN Petitioner, CIVIL ACTION - LAW No. 04-3708 vs. IN CUSTODY BART TIMMERMAN, Respondent PETITION FOR MODIFICATION OF PARTIAL CUSTODY ORDER Petitioner, Kathy A. Timmerman, by and through her counsel, Jan S. Barnett, Esquire, hereby files the instant Petition for Modification of Partial Custody Order, and in support thereof, states: 1. The petition of Kathy A. Timmerman respectfully represents that on September 20, 2004, a temporary Order of Court was entered for partial custody, a true and correct copy of which is attached as Exhibit A. 2. This Order should be modified because: (a) The Respondent, Bart Timmerman, has a history of violent and abusive conduct toward Petitioner and their children, which continues to the present, which conduct poses a substantial threat of present or future physical or emotional harm to the children involved; (b) The Respondent, Bart Timmerman, has a history of mental illness, including paranoid schizophrenia, manic depression, bi-polar disorder, and other mental or psychological illnesses, for which medication and treatment has been recommended and prescribed, but which Defendant has not availed himself; such illnesses and infirmities continue to the present day, which poses a substantial threat of present or future physical or emotional harm to the children involved; (c) The Respondent, Bart Timmerman, presently and in the past, has exposed the children involved to pornographic materials, which exposure poses a substantial threat of present or future physical or emotional harm to the children involved; (d) The Respondent, Bart Timmerman, has undermined the relationship of the children involved with Petitioner, who stands in the shoes of the Accommodating Parent, which poses a substantial threat of present or future physical or emotional harm to the children involved; and (e) The Respondent, Bart Timmerman, has not and cannot provide an adequate home and environment for the children involved, which poses a substantial threat of present or future physical or emotional harm to the children involved. WHEREFORE, Petitioner requests that the Court modify the existing Order for partial custody because it will be in the best interest ofthe children. Respectfully submitted, Dated: f fq/o~ B~ #~~~/h( .. . Barnett I VERIFICATION I, Kathy A. Timmerman, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. {\4904 relating to unsworn falsification to authorities. Dated: f0/1oS- CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy ofthe foregoing document was served upon all counsel of record this /9 Ih. day of a~' 2005, by depositing said copy in the United States Mail at Lemoyne, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Attorney for Respondent. Bart Timmerman &~tfc By: I t:U-- '.AJ. J S amett ) - I ~ RECEIVED APR 2110051 11 BART TIMMERMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-3708 CIVIL TERM v. KATHY ANN TIMMERMAN, CIVIL ACTION - LAW IN CUSTODY Defendant ", HESS, J. --- ORDER OF COURT AND NOW, this ,)60 day of April, 2005, upon consideration of the attached Custody Conciliation Summary Report, a hearing on Father's Petition for Contemptip scheduled 'n Courtroom Number 4 of the Cumberland County Courthouse, on the / If'0 day of . ,(-d , 2005, at 9: 3r.) o'clock If .M., at which time testimony will be take. For the purposes of the hearing, the Father, Bart Timmerman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: Dis!: v5hane B. Kope, Esquire, 4660 TrindJe Road, Suite 01, Camp Hill, PA 17011 ~ S. Barnett, Esquire. 892 Market Street, Lemoyne, PA 17043 lc~~ ~~S ,( . t!.. D-) 0'1 -f.-:J - '" C\) ~f") ". ,~ u_ o Ct':;) 2:-:; <'0" ~ .; RECEIVED APR 21 Z005c~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3708 CIVIL TERM CIVIL ACTION - LAW BART TIMMERMAN, v. KATHY ANN TIMMERMAN, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this Ol,Sq day of April, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The custody schedule delineated in the Temporary Order of Court dated September 20, 2004 shall remain in full force and effect. 2. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Eugene Stecher. The parties shall share the cost of the evaluation with each providing 50% of the fees incurred therein. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. . 3. A hearing is scheduled on Father's Petition for Modification of ~stody O~~~", z /.z; In Courtroom Number 4 of the Cumberland County Courthouse, on the /;;T day of cr Q 2005, at C); 3cJ o'clock A....,M., at which time testimony will be taken. For the purposes of the hearing, the Father, Bart Timmerman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BYTHE COUR; i K in A. Hess, J. Dis!: ~ane B. Kope, Esquire, 4660 Trindle Road, Suite 1, Camp Hill. PA 17011 ~n S. Barnett, Esquire, 692 Market Street, Lemo e, PA 17043 '\~r;~~ J.. Li 1 '(f<iS',],')/ ()5 (,,J - ''1 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3708 CIVIL TERM BART TIMMERMAN, v. CIVIL ACTION - LAW KATHY ANN TIMMERMAN, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abagale Timmerman Daniel Timmerman Annely Timmerman Melissa Timmerman January 7,1999 December 4, 1996 May 13,1991 December 11, 1988 Mother Mother Mother Mother 2. The parties' second Custody Conciliation Conference was held on April 8, 2005 with the following individuals in attendance: the Father, Bart Timmerman, and his counsel, Shane B. Kope, Esquire; the Mother, Kathy Ann Timmerman, and her counsel, Jan S. Barnett, Esquire. The Custody Conciliation Conference of April 8, 2005 was scheduled following Father's March 14,2005 filing of a Complaint for Custody and a Petition to Re-List Contempt Hearing and for Contempt. The parties had reached an agreement at the September 13, 2004 Custody Conciliation Conference. At the time of the Conference, Father had multiple complaints about Mother's compliance with the custodial schedule, her abrupt relocation to Altoona, and her periodically denying contact with the children. The parties agreed that Father's Contempt Petition would be held in abeyance for 120 days on the proviso that Mother had no more contemptuous behavior and would follow the Order as written. If Mother could demonstrate that she could comply with the Order for a period of 120 days, Father agreed to withdraw his Petition for Contempt. The Petition was held in abeyance without prejudice to re-file this Petition on the allegations occurring from 2004 forward should Mother fail to comply with the Order. Subsequent to the Conciliation, the matter was listed for a Contempt Hearing before Judge Hess due to Mother's failure to provide contact information and a forwarding address. By mutual agreement of the parties, the Court continued the Contempt Hearing generally until a request would be made by either party to reschedule the Hearing. NO. 04-3708 CIVIL TERM 3. Father's position on custodv is as follows: Father seeks a hearing on all of Mother's alleged contemptuous behavior from 2004 to date. He seeks relief from the Court for counsel fees in excess of $2,500.00, compliance with the Order, as has been previously ordered, fines and incarceration. Father sees Mother's behavior as defiant in that she has repeatedly violated the Order despite agreeing to cooperate. He specifically complains of her chronic lateness, occasional refusal to bring the children for the custodial exchange, which occurred as recently as March 5, 2005, and her non-compliance with the telephone contact provisions of the Order. It is Father's opinion that in the absence of sanctions from the Court, Mother's behavior will not change. With regard to the Petition for Modification of the Custody Order, Father seeks a change in primary custody because Mother has failed to cooperate with the Order of partial custody. He does not believe that she supports the children adequately in having a relationship with him. Additionally, Father has expressed concern about the suitability of the man with whom she chooses to reside. He alleges that this man has exposed two of the children to a mutilated corpse when he was working at a mortuary. Father also points out that the children have missed significant numbers of days of school. He produced documentation illustrating unexcused absences in excess of 17 days for one of the children and in excess of 15 days for another child. Father reports that he has not yet been able to obtain all of the children's school attendance records. Father further reports that Children & Youth has been involved with regard to the living conditions where the children reside. Father believes that he can provide a better living arrangement if the children were transferred to his custody and he was relieved from the child support obligation to their Mother. He also believes he can ensure that the children attend school on a regular basis. 4. Mother's position on custodv is as follows: Mother relocated from Altoona to Wormleysburg on March 5, 2005. She is not working outside the home at present. The youngest of the four (4) children presently attends morning Kindergarten. Mother's only income appears to be child support. Mother claims that Father terrifies her and that her fear of him was the reason that she relocated to Altoona approximately nine (9) months ago. Mother acknowledged that she did not produce the children for Father's period of custody on the weekend of March 5, 2005. She explains that this was because she was moving from Altoona to Wormleysburg that weekend and she did not have the time or money to make an extra trip to drop the children off on Saturday morning. With regard to her tardiness to custodial exchanges, Mother claims that she has had unreliable transportation and that on occasion, she has had to sit by the road for periods of time after a deer startled her by running in front of her vehicle. Mother presently resides in a three (3) bedroom home with her four children, Mr. Donald Rains, and another child to a different relationship who is about 20 years old. With regard to the children's school attendance problems, Mother claims that when the children get a cold, they seem to pass it from one to another and that just when one is getting over the cold, the next one becomes ill. NO. 04-3708 CIVIL TERM 5. Inasmuch as the parties have made past attempts to resolve Father's complaints with regard to Mother's compliance and his allegations of contempt, which attempts have failed, a hearing with regard to the contempt allegations from 2004 to date is necessary. With regard to Father's Petition for modification of the Custody Order to provide him with primary physical custody of the children, the parties have agreed to participate in a custody evaluation and to share the cost equally. Following the custody evaluation, the parties will need a hearing. It is the Conciliator's recommendation that the parties not be directed to return to Conciliation following the completion of the custody evaluation and prior to hearing. The Conciliator gave the parties a description of the extent of the anticipated expense associated with a custody evaluation prior to receiving their commitment to follow through with this process. This was done in part to avoid the circumstance whereupon the parties later are noncompliant with the requirements of a custody evaluation and return to Conciliation in yet another Contempt Petition then alleging they cannot afford these expenses. The Conciliator also informed the parties that they should not expect their health insurance to pay for the custody evaluator's services. 1/)qIO~ Date Melissa Peel Greevy, Esquire Custody Conciliator :248892 " Jan S. Barnett, Esquire Pennsylvania Supreme Court 1.0. No. 66122 692 Market Street Lemoyne, P A 17043 Telephone (717) 612-9375 Facsimile (717) 612-9376 ~ rn RECEIVED APR 2 5 ZIlII~.tI^ { Attorney for Petitioner, Kathv A. Tinnnerman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY A. TIMMERMAN Petitioner, vs. CIVIL ACTION - LAW No. 04-3708 IN CUSTODY BART TIMMERMAN, Respondent ORDER OF COURT You, Bart Timmerman, Respondent, have been sued in court to modify custody, partial custody or visitation ofthe children: Name Abigail Timmerman Daniel Timmerman Armely Timmerman Melissa Timmerman Present Residence Address 114 N. 2nd St., Wormleysburg, P A 17043 114 N. 2nd St., Wormleysburg, PA 17043 114 N. 2nd St., Wormleysburg, P A 17043 114 N. 2nd St., Wormleysburg, PA 17043 You are ordered to appear in person at (~Vh/ ,D.1/I1.'1f'{ (1 Age 6 8 13 16 f?ra-rd /7'/ AJ/..-/ (Address) on (lifjt(.<J~-t. 1 /1 M. (time) for /&' ;Mj5 / (day and date), at "1-' 3 c) o a conciliation or mediation conference. o a pretrial conference. lli1 a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date: itp.....7 z1' ZA'6~- c/ld J. ~r:r-- (j 11 S :5 lit;! 62 gd'l SOUl At1VLC>~C;-1jJJ':J3 3Hl jO jJU::'C,-a3ll~ THE LAW OFFICE OF SHANE B. KOPE BY: Shane B. Kope, Esquire Attorney J.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3708 : THE HONORABLE KEVIN A HESS : CIVIL ACTION -- IN CUSTODY BART TIMMERMAN, Plaintiff, KATHY ANN TIMMERMAN, Defendant. . MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, Bart Timmerman, by and through his attorney, Shane B. Kope, Esquire, and respectfully avers the following: 1. There is hearing for custody scheduled before this Honorable Court on August 18, 2004, at 9:30 AM. 2. There is a hearing for contempt scheduled bE~fore this Honorable Court on August 18, 2004, at 9:30 A.M. 3. Pursuant to Court Order, a custody evaluation was to be completed so that an evafuation report could' be submittecl to 'thisCo'urt no 'later than thirty (30) days before the date of the custody trial; both parties were to equally share the expense of this evaluation. (A copy of this Order is attached hereto as "Exhibit A" and made a part hereof.) 4. The present custody evaluator has complelled his evaluation, but will not release his report until his fee is paid in its entirety. 5. Although Defendant has completely paid her portion, Plaintiff has, due to unforeseen circumstances, paid only OnE! half of his portion of the evaluation. 6. Plaintiff can not pay his remaining portion of the evaluation until the first week in August, 2005, making it impClsl~ible 'to submit the custody evaluator's report to this Honorable Court thirty (30) days prior to the custody trial in this matter. 7. As such, counsels for both parties have agreed to continue this hearing until the September trial term. WHEREFORE. Plaintiff respectfully requests both the custody hearing and the contempt hearing be continued until the September trial term. Respectfully Subn:litted, THE LAW OFFICE OF SHANE B. KOPE By: ~~~~ Shane B. Kope, Esquire Date: July 25. 2005 2 - ........ D~rt=IVF:O i\PR 21200si "-' '-./ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3708 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BART TIMMERMAN, v. KATHY ANN TIMMERMAN, Defendant HESS, J. - ORDER OF COURT AND NOW, this ;<j th day of April, 2005, upoln consideration of the attached Custody Conciliation Summary Report, a hearing on F~lther's Petition for Contempt is scheduled in Cou room Number 4 09the Cumberland County Courthouse, on the l8'in day of '. , , 2005, at 30 o'clock (1./, .M., at which time testimony will be take For the purposes of the hearing. the Father, Bart Timmerman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro sa shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: .I . ri- ,) . --J~ f'Jj:::J Kevin A. Hesis, J. Dlsl: Shane B. Kope, Esquire, 4660 Trlndle Road, Sulle 201, Camp Hili, PA 17011 Jan S. Barnett, esquire, 692 Markel Street, Lemoyne, PA 17043 ~ EXHIBIT " iL ;j ., RECEIVED APR 212005~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERU,ND COUNTY, PENNSYLVANIA NO. 04-3708 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BART TIMMERMAN, v. KATHY ANN TIMMERMAN, Defendant HESS, J. n_ ORDER OF COURT AND NOW, this ~ day of April, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. . The custody schedule delineated in the Temporary Order of Court dated September 20, 2004 shall remain in full force and effect. 2. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Eugene Stecher. The parties shall share the cost of the evaluation with each providing 50% of the fees incurred therein. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 3. A hearing is scheduled on Father's Petition for Modification of Custody Order d,. _. . _ t in Courtroom N\d,llJ,ber 4 of the Cumberland County Courthouse, on the } g +b day of _;~ 2005, at 9 :.3U o'clock tL.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Bart Timmerman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and oppOSing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expElcted to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. TRUE COpy ~~t'i\-1 RECORD n Testimony whereo, .. )., set my halld Ind e seal of said our oi rlisle, Pa. . ,,~j.Ja.. o. '. .., / "L /lJ}J Kevin A. Hess, J. Dist: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3708 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BART TIMMERMAN. v. KATHY ANN TIMMERMAN, Defendant 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 conceming the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abagale Timmerman Daniel Timmerman Annely Timmerman Melissa Timmerman January 7, 1999 December 4, 1996 May 13, 1991 December 11, 1988 Mother Mother Mother Mother 2. The parties' second Custody Conciliation Conference was held on April 8, 2005 with the following individuals in attendance: the Father, Bart Timmerman, and his counsel, Shane B. Kope, Esquire; the Mother, Kathy Ann Timmerman, and her counsel, Jan S. Barnett, Esquire. The Custody Conciliation Conference of April 8, 2005 was scheduled following Father's March 14, 2005 filin9 of a Complaint for Custody and a Petition to Re-List Contempt Hearing and for Contempt. The parties had reached an agreement at the September 13, 2004 Custody Conciliation Conference. At the time of the Conference, Father had multiple complaints about Mother's compliance with the custodial schedule, her abrupt relocation to Altoona, and her periodically denying contact with the children. The parties agreed that Father's Contempt Petition would be held in abeyance for 120 days on the proviso that Mother had no more contemptuous behavior and would follow the Order as written. If Mother could demonstrate that she could compllr with the Order for a period of 120 days, Father agreed to withdraw his Petition for Contempt. The Petition was held in abeyance without prejudice to re-fiIe this Petition on the allegations occurring from 2004 forward should Mother fail to comply with the Order. Subsequent to the Conciliation, the matter was listed for a Contempt Hearing before Judge Hess due to Mother's failure to provide contact information and a forwarding address. By mutual agreement of the parties, the Court continued the Contempt Hearing generally until a request would be made by either party to reschedule the Hearing. NO. 04-3708 CIVIL TERM 3. Father's cosition on custodv is as follows: Father seeks a hearing on all of Mother's alleged contemptuous behavior from 2004 to date,. He seeks relief from the Court for counsel fees in excess of $2,500.00, compliance with the Order, as has been previously ordered, fines and incarceration. Father sees Mother's behavior as defiant in that she has repeatedly violated the Order despite agreeing to cooperate. He specifically complains of her chronic lateness, occasional refusal to bring the children for the custodial exchange, which occurred as recently as March 5, 2005, and her non-compliance with the telephone contact provisions of the Order. It is Father's opinion that in the absence of sanctions from the Court, Mother's behavior will not change. With regard Ito the Petition for Modification of the Custody Order, Father seeks a change in primary custody because Mother has failed to cooperate with the Order of partial custody. He does not believe that she supports the children adequately in having a relationship with him. Additionally, Father has expressed concern about the suitability of the man with whom she chooses to reside. He alleges that this man has exposed two of the children to a mutilated cc1rpse when he was working at a mortuary. Father also points out that the children have missed significant numbers of days of school. He produced documentation illustrating unexcused absences in excess of 17 days for one of the children and in excess of 15 days for another child. Father reports that he has not yet been able to obtain all of the children's school attendance records. Father further reports that Children & Youth has been involved with regard to the living conditions where the children reside. Father believes that he can provide a better living arrangement if the children were transferred to his custOdy and he was relieved from the child support obligation to their Mother. He also believes he can ensure, that the children attend school on a regular basis. 4. Mother's cosition on custodv is as follows: Mother relocated from Altoona to Wonnleysburg on March 5, 2005. She is not working outside the home at present. The youngest of the four (4) children presently attends moming Kindergarten. Mother's only income appears to be child support. Mother claims that Father terrifies her and that her fear of him was the reason that she relocated to A/toona approximately nine (9) months ago. Mother acknowledged that she did not produce the children for Father's period of custody on the weekend of March 5, 2005. She explains that this was because she was moving from Altoona to Wonnleysburg that weekend and she did not have the time or money to make an extra trip to drop the children off on Saturday morning. With regard to her tardiness to custodial exchanges, Mother claims that she hels had unreliable transportation and that on occasion, she has had to sit by the road for periclds of time after a deer startled her by running in front of her vehicle. Mother presently resides in a three (3) bedroom home with her four children, Mr. Donald Rains, and another child t<l a different relationship who is about 20 years old. With regard to the children's school attendance problems, Mother claims that when the children get a cold, they seem to pass it from one to another and that just when one is getting over the cold, the next one becomes ill. NO. 04-3708 CIVIL TERM 5. Inasmuch as the parties have made pasll attempts to resolve Father's complaints with regard to Mother's compliance and his allegations of contempt, which attempts have failed, a hearing with regard to the contempt allegations from 2004 to date is necessary. With regard to Father's Petition for modification of the Custody Order to provide him with primary physical custody of the children, the parties have agreed to participate in a custody evaluation and to share the cost equally. Following the custody evaluation, the parties will need a hearing. It is the Conciliator's recommendation that the parties not be directed to retum to Conciliation following the completion of the custody evaluation and prior to hearing. The Conciliator gave the parties a description of the extent of the anticipated expense associated with a custody evaluation prior to receiving their commitment to follow through with this process. This was done in part to avoid the circumstance whereupon the parties later are noncompliant with the requirements of a custody evaluation and return to Conciliation in yet another Contempt Petition then alleging they cannot afford these expenses. The Conciliator also informed the parties that th.~y should not expect their health insurance to pay for the custody evaluator's services. 1/)qIO~ Date \ J.&t Melislla Peel Greevy, Esquire Custody Conciliator :248892 1'-> C:::.:l C) , , -n ......' c.~ --1 .,- --:'-:--r"\ PIt:::: f'~ -nn1 ','II G\ , ., ~J d ., ',j - rM r;-? , eJl 2(; 0" ......:: "'~<,<.'r"" '''' r,;::,;: nO JUl 27 Z005 <I vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3708 : THE HONORABLE KEVIN A. HESS BART TIMMERMAN, Plaintiff, KATHY ANN TIMMERMAN, Defendant. : CIVIL ACTION -- IN CUSTODY ORDER AND NOW, this ~~ day of July, 2005, upon consideration of Plaintiffs Motion for Continuance, the hearing in the matter is continued until the ;?, S' -r.5 day of Of!.toher 9 . 30 /l /'\,0-,. (IF' be~, 200~. Q.-t;-' <.( " , I . By the Court, c: -I1J . . Hess,,J, AU:n' :":(;0 62 :S I'd 61. lnl' sauz AtfllC>-"-'- - \,'>:iJ 3Hl .:30 3~ij:':\)-{:!::J11.j Jan S. Barnett, Esquire Pennsylvania Supreme Court J.D. No. 66122 692 Market Street I.emoyne, PA 17043 Telephone (717) 612-9375 Facsimile (717) 612-9376 Attorney for Plaintiff, Kathv A. Timmerman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY A. TIMMERMAN Plaintiff, CIVIL ACTION - LAW No. 04-3708 vs. IN CUSTODY BART TIMMERMAN, Defendant Certificate Prerequisite to Service of Subpoena Pursuant to Pa.R.C.P. 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Kathy A. Timmerman, by and through her attorney, Jan S. Barnett, Esquire, hereby certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena 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, (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. Respectfully submitted, Dated: cf/~kr f , By: (k-~ ~Barnett A-;;;r,,;~y for Kathy A. Timmerman .Ian S. Barnett, Esquire Pemlsylvania Supreme Court LD. No. 66122 692 Market Street Lemoyne. P A 17043 Telephone (717) 612-9375 Facsimile...l717) 612-9376 Attol1ley for Plaintiff, Kathv A. Tirnmenrul!L_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY A. TIMMERMAN Plaintiff, CIVIL ACTION - LAW No. 04-3708 vs. IN CUSTODY BART TIMMERMAN, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANll TO Pa.R.c.P. 4009.21 Kathy A. Timmerman 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 no objection is made, the subpoena may be served. Respectfully submitted, Dated: 1o/7/oS B~~~ ,~orney for Kathy A. Timmerman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY A. TIMMERMAN Plaintiff, CIVIL ACTION - LAW No. 04-3708 VS. IN CUSTODY BART TIMMERMAN, Defendant RECORDS SUBPOENA TO, Records Custodian We.t Shore Regional Pollee nepal.tment 301 Market Street Lemoyne, P A 17043 Within twenty days after service of this subpoella. you are ordered by the court to produce the following docul11ellts or thing,,, All complaints and police reports regarding Bart Tjmmermlln that you have in your possess tOn, Mr Tilluucrman's recent addresses al'e: 5900 Wertzville Road. Apt B, Enola, PA 17025; aud 101 N. 2" Sn'eet. WOnnleysbWll, PA 17043 at the law office ofJan S. Barnett, Esquire, 692 Market Street, Lemoyne, PA 17043, Y Oll may deliver or ",ail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, 10 the party m.king this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing tbe copies or pl'OducllIg the Ihillgs songht Tfyou fail to produce the documents Or things required by this subpoena within twellty (20) days after its se, ,ice. the party serving this subpoen" may .eek a court order compelling YQU 10 cOIP,ply with it. THIS SUBPOENA WAS rSSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jan S, aamelt, Esquire ADDRESS: 692 Markel So'eet l.emoyn., P A 17043 TELEPHONE: (717) 612-9375 S. CT. ID. NO.: 66122 ATTORNEY FOR: Kathy A. Timmennan (SEAL) WITNESS the Honorable George E, Ho~ PreSIdent Judge, at Carlisle, the 3 ~l':~D~ V2-t~ 'K i)~~ "-...o..J-~ ~E~~ I CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and COITect copy of the foregoing document was served upon all counsel of record this:2!!.~ day of 2005, by depositing said copy in the United States Mail at Lemo postage prepaid, first class delivery, and addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Attorney for Bart Timmerman BY' (J~~ (J; . Barnett l/ , , CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and COlTect copy ofthe foregoing document was served upon all counsel of record this 3M~ day of ~ ' 2005, by depositing said copy in the United States Mail at Lemoyne, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Attorney for Bart Timmerman BY.~ CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and COITect copy ofthe foregoing 2./l.tt ~ docwnent was served upon all counsel of record this ~_ day of , 2005, by depositing said copy in the United States Mail at Lemoyne, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Attorney for Bart Timmerman ~~p By: . ~ fa . Barnett C/ "'., <:) c:~ .:. 'TJ c:..', :Tf ff] ." i'~ '"n , ) ,- ":1..) r',J -, f') ~T) C}l - ~~ THE LAW OFFICE OF SHANE B. KOPE BY: Shane B. Kope, Esquire Attorney I. D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Plaintiff BART TIMMERMAN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-3708 THE HONORABLE KEVIN A HESS KATHY ANN TIMMERMAN, Defendant. CIVIL ACTION - IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, Bart Timmerman, by and through his attorney, Shane B. Kope, Esquire, and respectfully avers the following: 1. There is a hearing for custody scheduled before this Honorable Court on October 28, 2005 at 9:30 AM. 2. There is a hearing for contempt scheduled before this Honorable Court on October 28, 2005 at 9:30 AM. 3. Settlement talks have been ongoing for the past two weeks and for all intents and purposes all parties thought the matter would settle. There was an unexpected breakdown in the negotiations last evening and settlement now seems unlikely. Plaintiff, therefore, needs more time to prepare for the hearing, which includes preparing witnesses and the pre-trial memorandum. 4. Plaintiff would also like to secure Mr. Eugene H. Stecher, the custody evaluator, in this matter to testify at the hearing. Having the Hearing on October 28, 2005 will not allow enough time to confirm Mr. Stecher's attendance. 5. The pre-trial memorandum will be submitted in accordance to the new hearing date. 6. Although Defendant's counsel could not be reached for concurrence, it is not anticipated that she would concur based on recent talks. WHEREFORE, Plaintiff respectfully requests both the custody hearing and the contempt hearing be continued until the next trial term. Respectfully Submitted, THE LAW OFFICE OF SHANE B. KOPE By: squire Date: October 25, 2005 2 . ' . CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, of The Law Offices of Shane B. Kope, hereby certify that on October 25, 2005, I served a copy of the foregoing Motion for Continuance by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Jan S. Barnett, Esquire 692 Market Street Lemoyne, Pa. 17043 Attorney for Defendant ~NE B. KOPE -L-~ Attorney for Plaintiff ,\ .-1 ..\ -,- \..; \. . ,- ~"",,:. \....~~) v THE LAW OFFICE OF SHANE B. KOPE BY: Shane B. Kope, Esquire Attorney I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Plaintiff vs. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3708 THE HONORABLE KEVIN A HESS BART TIMMERMAN, Plaintiff, KATHY ANN TIMMERMAN, Defendant. CIVIL ACTION - IN CUSTODY MOTION TO RECONSIDER CONTINUANCE AND NOW, comes the Plaintiff, Bart Timmerman, by and through his attorney, Shane B. Kope, Esquire, and respectfully avers the following: 1. Plaintiff's Attorney did not misrepresent himself by stating that settlement discussions have been on going. The parties did begin settlement talks two weeks ago and Ms. Barnett stated that settlement was what the Defendant wanted. 2. Plaintiff's Attorney has been trying to contact Ms. Barnett repeatedly over the last two weeks to finalize settlement. Plaintiffs Attorney has been diligent in trying to contact Ms. Barnett as he is able in light of his business obligations out of town and in trial work in both Dauphin and York counties, both of which he informed Ms. Barnett of. 3. Plaintiff's Attorney did not misrepresent himself when stating that he tried to contact Ms. Barnett in relation to the Motion For Continuance. Plaintiffs Attorney tried twice and was unable to reach Ms. Barnett. 4. There has not been any sense of urgency on either side since settlement has been the wanted outcome for the last few weeks for both parties. 5. Settlement negotiations broke down unexpectedly at the last minute when Ms. Barnett suddenly and without warning changed the terms of negotiations. Upon information and belief the change in negotiations was due to the false belief that Mr. Timmerman called the police on Ms. Timmerman's boyfriend. 6. Admittedly, Plaintiff should have prepared the pre-trial memorandum, but based on statements from Ms. Barnett did not think that it would be needed or that the hearing tomorrow would take place. 7. Plaintiff is prejudiced due to the unexpected last minute breakdown of the settlement negotiations in that we were not able to secure Mr. Stecher, the Custody Evaluator, in this matter. 8. Defendant is not working at this time, so saying that she has cleared her schedule for the hearing does not mean very much. Defendant will not be prejudiced by continuing the hearing as she can be available at any time. 9. Plaintiff requests that the hearing be continued for two weeks. 10, Defendant does not concur in the Motion for Reconsideration of Continuance. WHEREFORE, Plaintiff respectfully requests both the custody hearing and the contempt hearing be continued. t Respectfully Submitted, THE LAW OFFICE OF SHANE B. KOPE ----C"'" ',,--- -, \,.- .-,.... :'...~---;;~..:;;;~--:'"~,::._--,-, ,-:---- By: - ___ ') Shane B. Kope, Esquire Date: October 27, 2005 BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V KATHY ANN TIMMERMAN, Defendant CIVIL ACTION - LAW NO. 04-3708 CIVIL TERM IN CUSTODY IN RE: MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 28th day of October, 2005, the request of the plaintiff for a continued hearing is granted to give the parties the opportunity to adduce testimony at a continued hearing of Eugene Stecher. At a continued hearing it is the hope of the court to be able to speak with the children. And counsel have agreed that they need not be present during said interviews. By the Court, ~~ne Kope, Esquire 'for the Plaintiff ~n S. Barnett, Esquire ~;~ the Defendant ~. A~ ~ A. Hess, J. :bg Fled ,(1 P{o}L()c~a? /)f (uMk{ond Co", r +y KM~ 6d.o~ ~~ ;CO) BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V KATHY ANN TIMMERMAN, Defendant CIVIL ACTION - LAW NO. 04-3708 CIVIL TERM IN CUSTODY IN RE: PETITION FOR CONTEMPT OF COURT ORDER OF COURT AND NOW, this 28th day of October, 2005, after hearing, the pending motion for contempt is dismissed. By the Court, ~ne Kope, Esquire For the Plaintiff . /1 J.. ~n S. Barnett, Esquire For the Defendant :bg FiT,-,) O(JD'~ 4"::00) Pr,!l,,'wf-aj of' C..~~.:ri""tI C<MJ"~ {;m4 BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW 04-3708 CIVIL KATHY ANN TIMMERMAN, Defendant IN CUSTODY IN RE: MODIFICATION OF CUSTODY ORDER AND NOW, this LB" day of October, 2005, continued hearing in the above captioned case is set for Friday, January 13, 2006, at 1 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, .shane B. Kope, Esquire F or the Plaintiff ~n Barnet, Esquire For the Defendant :rlm .,.1" Jan S. Barnett, Esquire Pennsylvania Supreme COUll l.D. No. 66122 692 Market Street Lemoyne, P A 17043 Telephone (717) 612-9375 Facsimile 17]7) 6]2-9376 Attorney for Defendant, Kathv A. Timmerman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BART TIMMERMAN Plaintiff, CIVIL ACTION - LAW No. 04-3708 vs. IN CUSTODY KATHY ANN TIMMERMAN, Defendant DEFENDANT'S EMERGENCY APPLICATION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1915.13 Defendant, Kathy Ann Timmerman, by and through her counsel, Jan S. Barnett, Esquire, files the instant Emergency Application for Special Relief Pursuant to Pa.R.C.P. 1915.13, and in support thereof states: 1. Plaintiff, Ms. Timmerman ("Mother"), and Defendant, Mr. Timmerman ("Father"), are presently married but were separated in November 1999. 2. Mother and Father have four minor children: AbIgale (date of birth January 27, 1999, presently six years old); Daniel (December 4, 1996, eight years old); Annely (May 13, 1991, fourteen years old); and Melissa (December 11,1988, sixteen years old). 3. An Order dated September 20, 2004, was entered governing custody of the minor children (a copy ofthe Order is attached hereto as Exhibit A.); the Order provides that Mother shalI provide transportation incident to Father's periods of custody, to occur every weekend from Friday morning at 11 :00 a.m. until Sunday evening at 6:00 p.m.] 3. Father filed a Complaint to modify custody on or about March 7, 2005, alIeging that Mother was exposing the children to a man with whom she was residing and who posed a danger to the children's physical and mental welI-being. (A copy of Father's Complaint is attached hereto as Exhibit B. See Paragraph 8(a).) 4. Father's Complaint also alIeges that he can provide a more stable, healthful, and educational environment for the children, and he seeks primary physical custody of the children. (Exhibit B, Paragraphs 8(b )-(f).) 5. A hearing on Father's Complaint and Petition to hold Mother in contempt was held before the Honorable Kevin A. Hess on October 28,2005; as a result of the hearing, Father's Petition to hold Mother in contempt was dismissed, and the hearing on custody was continued until January 13,2006, so that Father could wmpel the attendance of the custody evaluator, Eugene Stecher, to give testimony regarding his report dated September 20,2005. (A copy of the Court's Orders dated October 28, 2005 are attached hereto as Exhibit C; Mr. Stecher's report is attached hereto as Exhibit D.) 6. At the hearing on October 28, 2005, Father represented to the Court that he was withdrawing his Complaint seeking primary physical custody ofthe children and instead wished the present custody schedule to remain essentialIy in place because Father's work schedule did not permit him to have primary physical custody of his 1 The parties to the Order have understood that Mr. Timmerman's periods of custody shall begin at 11 :00 a.m. on every Saturday rather than Friday, as ordered, because Mr. Timmerman is employed on Fridays and the children are in school. Mother bears the sole burden of transporting the children pursuant to the September 20, 2004, Order because, presumably, shortly before the Order was entered, Mother relocated without the Father's consent in order to escape his harassment, as she testified at a recent contempt hearing on October 28, 2005. Mother now, again, resides in Cumberland County. 2 children; apparently, Father's employment takes precedence over the danger to his children that he perceives and as alIeged in his Complaint. (See Exhibit A.) 7. At the time he filed his custody Complaint, Father was approximately $23,000 in arrearages on his child support payments; presently, Father is approximately $9,000 in arrearages on support payments because the Domestic Relations Office has intercepted federal tax refunds that Father otherwise would have received this year. 8. Beginning in early November 2005, because ofthe dire financial straits that Father's inability or unwillingness to pay child support has created for her and her children, Mother has taken employment that requires her attendance on weekends; Mother's ability to provide Court-ordered transportation of the children during Father's periods of partial custody has been rendered impossible because of her recent employment. 9. In an attempt to achieve Father's cooperation and to enable his periods of partial custody on the weekends, and avoid yet another Petition for Contempt filed against her, Mother has offered to transport the children at times other than that ordered by the Court. (See copies of correspondence dated November 2 and November 7, 2005, from counsel for Mother (Jan S. Barnett) to counsel for Father (Shane B. Kope), attached as Exhibit E.) 10. Despite Mother's best efforts to adhere to the Court-ordered custody schedule and her present and sole obligation to transport the children now rendered impossible because of her necessary employment due to Father's arrearages, Father refuses to mutualIy cooperate to ensure his partial custody rights continue uninterrupted. 3 (See copy of correspondence dated November 9, 2005, from Attorney Kope to Attorney Barnett, attached as Exhibit F.) 11. Mother's current employment that interferes with and renders impossible her ability to solely transport the children to Father's residence during his periods of partial custody-and Father's refusal and unwillingness to cooperate in formulating a mutualIy acceptable schedule, including transportation-requires Mother to file the instant Emergency Application for Special Relief, or else face another Petition to hold her in contempt of this Court's Order dated September 20, 2004. 12. Mother respectfulIy represents that her necessary employment, and Father's unreasonableness, warrant immediate modification of the September 20,2004, Order pertaining to custody and transportation of the minor children. Plaintiff respectfulIy requests that: (a) This Court's Order of September 20,2004, be modified to provide that the times of Father' s partial custody be preserved pending final determination of Father's custody Complaint; however, that Father be mad(~ solely responsible for transporting the children during the times specified; and (b) That attorneys fees in the amount of$437.50 be taxed against Father for his obdurate and vexatious conduct (42 Pa.C.S. S 2503) because Mother's attempts to accommodate Father's periods of partial custody were wholIy and unreasonably rebuffed, forcing Mother to file the instant Application and incur attorneys fees in order to avoid yet another contempt proceeding against her. 4 WHEREFORE, Mother, Kathy Ann Timmerman, respectfulIy requests that this Court enter an order in the form of which is attached hereto for the convenience of the Court. Dated: RespectfulIy submitted, 1/ If) /OS I I Byt!)a~ 4Z~~ . Barnett ( 5 EXHIBIT A <7 Jz'lt L( SEP 1 6 2004 0 , : BART TIMMERMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-3708 CIVIL TERM v. CIVIL ACTION - LAW KATHY ANN TIMMERMAN, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this f<.. 0 day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES all prior Orders in this matter. 2. Leqal Custody, The parties, Bart Timmerman and Kathy Ann Timmerman, shall have shared legal custody of the minor children, Abagale Timmerman, born January 7, 1999; Daniel Timmerman, born December 4, 1996; Annely Timmerman, born May 13, 1991; and Melissa Timmerman, born December 11, 1988. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limites. to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treaiment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 3. Physical Custody. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. To commence on September 18, 2004, each week from Friday morning at 11 :00 a.m. until Sunday at 6:00 p.m. \ ~ NO. 04-3708 CIVIL TERM B. At such other times as the parties may agree, 4. Transportation. Mother shall provide transportation incident to these periods of custody. 5. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence or earshot of the children and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the children. 6. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children' s love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. Father shall be entitled to reasonable telephone contact when the children are in Mother's custody. At minimum, Father shall initiate a call on Tuesdays at 4:00 p.m. and Mother shall initiate a call on Thursdays at 4:00 p.m. 8. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Alternatinq Holidays. The parties shall alternate the following holidays commencing with Mother having custody for Thanksgiving 2004: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. B. Christmas. Christmas shall be divided into two segrnents, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at 2:00 p.m, Segment B shall be from December 25th at 2:00 p.m. until December 26th at 6:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. 9. Vacation. Each party shall be entitled to fourteen (14) days of custody for purposes of Summer vacation, which days need not be consecutive. For example, the traveling parent may use ten (10) days on one occasion and four (4) days on another. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans. In the event the parties have made conflicting vacation schedules, the party first providing written notice to the other will have choice of vacation time. NO. 04-3708 CIVIL TERM 10. Mother has relocated to Allentown without Father's agreement. There is pending a hearing on the Petition for Contempt filed following this Court's Order of August 13, 2004. That hearing shall be continued based on the following agreement of the parties: The Plaintiff's Petition for Contempt shall be held in abeyance for a period of 120 days, If during that 120 day window, Mother follows this Order as written, Father will withdraw his Petition for Contempt without prejudice to his right to re-file on the allegations occurring in 2004 going forward. Ois!: Shane 8. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 Lee E. Oesteriing, Esquire, 42 East Main Street, Mechanicsburg, PA 17055 TRUE COpy FROM RECORD In T estimony w~er of, I here nto set my hand an he seal of sai Co rt rlisle Pa. T .....d2.7.. .' . ... ... ... ......... '" Pro honotary EXHIBIT B 0~/23/2005 01:24 71 7761- '2 KOPE LAW ~) I ! '.)/'1/ ') - 3/23 /C' y- PAGE 04 MAR 1 5 2005" BART TIMMERMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO, KATHY ANN TIMMERMAN, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW this, day of , 2005, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before . the conciliator, at on the day of . 2004, at 00., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the iSSUes to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the confex-ence may provide gro\U\ds for entry of a temporary or permanent order, FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990_ For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing Or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 03/23/2005 01:24 717761' "'2 KOPE LAW PAGE 05 LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, P A 17011 (717) 761-7573 sbkopeCiilcomcast.net Attorney for Plaintiff BART TIMMERMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, No. 04-3708 KATHY ANN TIMMERMAN, Defendant. : CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY MODIFICATION I. The Plaintiff is Bart Timmerman residing at 5900 Wertzville Road. Apartment B, Enola, Pennsylvania 17025 2, The Defendant is Kathy Ann Timmerman residing at 516 MOWltains Ave,. Altoona, Pennsylvania 16601 3. Plaintiff seeks partial custody of the following children: N~ PRESENT RESIDENCE AGE Abigail Timmerman 516 Mountains Ave., Altoona, Pennsylvania 16601 6 Daniel Timmerman 516 Mountains Ave" Altoona, Pennsylvania 16601 8 Annely Timmerman 516 Mountains Ave" Altoona, Pennsylvania 16601 13 Melissa Timmerman 516 Mountains Ave" Altoona, Pennsylvania 16601 16 4. The children were born in wedlock. The children are presently with the Plaintiff. During the past five years, the children have resided with the following persons and at the following addresses: 03/~3/2005 01:24 71 7761 - '2 KOPE LAW PAGE 06 PERSONS ADDRESSES DATES Defendant 516 Mountains Ave" Altoona, PA September, 2005 - Present Defendant 1959 Market St. Camp Hill, P A November,2003 - September, 2005 Defendant 101 N. 2nd St. Wounelysburg, PA November, 1999- November, 2003 Plaintiff & Defendant 101 N. 2nd Sf. Wormelysburg, PA November, 1996- Felmwy,1999. The mother of the children is Kathy Ann Timmerman, currently residing at 516 Mountains Ave" Altoona, Pennsylvania 16601, She is married. The father of the children is Bart Timmerman, currently residing at 590Q Wertzville Road, Apartment B. Enola, Pennsylvania 17025. He is married. 5, The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides by himself, 6. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons; NAME RELATIONSHIP Abigail Timmerman child Daniel Timmerman. child Annely Timmerman child Melissa Timmerman child 7. Plaintiff has participated as a party in previous litigation conclmling the custody of the children within this Court under the current Docket No. 04-3708, Civil Term. Plaintiff filed a Complaint in Custody against Defendant on July 29, 2004. A Conciliation Conference was held on September 13, 2004. The parties reached an agreement in the form of an Order dated September 20, 2004. This Complaint is filed for the modification of that Custody Order, 2 03/?3/2005 01:24 71 7761 - "2 KOPE LAW PAGE 07 Plaintiff does not know of a person not a party to the proceeding that has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) (d) As indicated by certain evidence within Plaintiff's control, Defendant and the children are leaving their present home I to reside with a Man in Cum'oerland County, and likely will be living there at the time of the COnciliation Conference pursuant to this Complaint. Other evidence indicates that this man; i. lives with his wife(and possibly his daughter and iXlUlddaughter) in a three bedroom house; ii. was terminated from a job at a mortuary for showing a deceased and mutilated girl to two of the children at issue and Plaintiff's nineteen year old stepdaughter; iii. threatened plaintiff's son with physical hann; specifically, that he would cut off his fingers with a butcher knife; IV, keeps and demonstrates to the children a collection of gold fillings he lifted from corpses when he was employed at the mortuary. Furthermore, Defendant has told Plaintiff that she does not trust said man around her children. Accordingly, Plaintiff is concerned about the children's' safety and well being in that they will not have an adequate place to sleep, keep their belongings, or generally care for themselves, as well as be consistently exposed to a man who can possibly hann the children physically and/or mentally. (b) Plaintiff was called by the principal at his son's school who told him that a Children and Youth Services Agent came to the school to spea1< with his son, Following, Plaintiff called Children and Youth Services who told him that Defendant was reported for condition of her home, and the lack of proper cafe she was providing the children. The investigation is ongoing. (c) Plaintiff received information that the children have missed an unacceptable amount of school. Although Plaintiff' thus far has received only part of the requested attendance records, current evidence reveals that Abigail has missed a total of 24 days from school and Daniel has missed a total of I 5 days from school; all of the absences were excused. Plaintiff arranged to have copies of his two youngest children's homework assignments e-maiJed to him from their respective schools. According to I TIris will be the third time Defendant has moved wi th the children over the past year. 3 03/?3/2005 01:24 71 7761 - "2 KOPE LAW PAGE 08 the children's teachers, the children's grades went from failing to distinguished. (e) Plaintiff can acquire the facilities to provide for the Clll'C, comfort and control of the children, as well as the intention and desire to do so. (e) Plaintiff can provide much needed stability to the children's schooling, and otherwise. (f) Defendant continuously violates this Court's previous Orders regarding Custody. 9. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiffpl'imal'Y custody of the children; (b) Grant Defendant visitation with the children every other weekend and one night during the week; (c) Enjoin the Defendant from taking the children near, or otherwise exposing them to the man described above while in Defendant's control. Respectfully Submitted, THE LAW OFFICE OF SHANE B. KOPE Dated: 1/;/7. DC 1'. By: ~ S~~~ SHANE a.KOPE, ESQ. 4 03/23/2005 01: 24 71776' 72 KOPE LAW PAGE 09 -.--.-'" -----~- .-~----- YERlFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. s. ~ 4904 relating to unsworn falsification to authorities. Dated: 5~-; ~ O~ 1s~ /. BART 11 RMAN, Plaintiff - EXHIBIT C vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-3708 CIVIL BART TIMMERMAN, Plaintiff KATHY ANN TIMMERMAN, Defendant IN CUSTODY IN RE: MODIFICATION OF CUSTODY ORDER AND NOW, this 2.f;J.... day of October, 2005, continued hearing in the above captioned case is set for Friday, January 13,2006, at 1 :30 p,m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Shane B. Kope, Esquire For the Plaintiff /Ii. . Hess, J. Jan Barnet, Esquire For the Defendant :rlm BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V KATHY ANN TIMMERMAN, Defendant CIVIL ACTION - LAW NO. 04-3708 CIVIL TERM IN CUSTODY IN RE: MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 28th day of October, 2005, the request of the plaintiff for a continued hearing is granted to give the parties the opportunity to adduce testimony at a continued hearing of Eugene Stecher. At a continued hearing it is the hope of the court to be able to speak with the children. And counsel have agreed that they need not be present durinlJ said interviews. By the Court, Shane Kope, Esquire For the Plaintiff Jan S. Barnett, Esquire For the Defendant :bg BART TIMMERMAN, Plaintiff IN THE COURT OF COt1MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V KATHY ANN TIMMERMAN, Defendant CIVIL ACTION - LAW NO. 04-3708 CIVIL TERM IN CUSTODY IN RE: PETITION FOR CONTEMPT OF COURT ORDER OF COURT AND NOW, this 28th day of October, 2005, after hearing, the pending motion for contempt is dismissed. By the Court, Shane Kope, Esquire For the Plaintiff ./1;1 Jan S. Barnett, Esquire For the Defendant :bg EXlIIBI1' D EUGENE STECHER, M.A. CLINICAL AND COUNSELING PSYCHOLOGY 473 LINCOLN WAY EAST CHAMBERS BURG, PA 17201 717-263-9392 CIllLD CUSTODY EVALUATION September 30, 2005 Judge Kevin A. Hess Court of Common Pleas Cumberland County, PA Representing Petitioner: Shane B. Kope, Esq. 4660 Trindle Road Suite 201 Camp Hill, Pa. 17011 Representing Respondent: Jan S. Barnett, Esq. 692 Market Street Lemoyne, Pa. 17043 Re: NO. 04-3798 Civil Action-Law, In Custody Bart Timmerman, Plaintiff and Father: Age 4S, b. 9/3/60 Kathy Ann Timmerman, Defendant and Mother: Age 46, b. 9/24/59 Melissa Susan Timmerman: Age 16, b. 12/11188 Annely Elizabeth Kathryn Timmerman: Age 14, b. S/13/91 Daniel Josiah Christian Timmerman: Age 8, b. 1214/96 Abigail Victoria Timmerman: Age 6, b. 1/27/99 Dear Judge Hess: INTRODUCTION. I received letters from Attorney Barnett dated May 12, July 29, and September 27, and from Attorney Kope dated June 3 and September 28, and these communications were accompanied by various case relevant legal and collateral documents. In addition there were a number of phone calls with the attorneys with regard to payment for services, attorney attempts to obtain the medical records of both parents, and the evaluator's possible use of internet materials obtained by each parent to create allegations about the other. Neither attorney indicated that it was illegal to use the internet materials obtained by hislher client. Be that as it may, the recommendations would be the same with or without those materials. The attorneys' provision of data was done pursuant to your order of Apri12S, 200S, which reads in part, "The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Eugene Stecher. The parties shall share the cost of the evaluation with each providing 50% of the fees incurred therein. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments." Stecher/CustodyEvallTimmerman 9/30105 1 E v 31 u a tions/COD nselin g~ Fam ily leoll pies In terven tions- Anger M anagcmcn t - F 0 reDS ics/C ustody The cost of the evaluation was $2800, and each parent has paid hislher 50% share. Mother and Don Rains paid in cash at the time of the home study. Father paid $500 in cash at the time of the home study and paid the remaining amount by money order during the week of September 12. Evaluation Schedule. [I] An evaluation was conducted in the home of Kathy Timmerman on June 24 from lOAM until later afternoon. Present were mother, the four children, and Donald Rains. AdditionalIy present for briefer periods of time, and not formally participating in the evaluation, were an adult daughter Jami Krista Hargreaves and Donald Rain's sister, Janice Mancuso, who lives at this residence. [2] An evaluation was conducted in the home of Bart Timmerman on July 15 from 1 0:30AM until later afternoon. Father and the four children were present. [3] Mother and Mr. Rains were present at the evaluator's office on Wednesday, July 6, IPM to 3PM, to complete testing and interviewing. Father was present at the evaluator's office on Wednesday, July 13, Noon to 2PM, to complete testing and interviewing, [4] A phone interview was held with mother on Thursday, September 22, from 12:15 to 1:00PM, and a phone interview was held with father on Monday, September 26, from 2:15 to 3:00PM. [5] There were other briefer phone contacts with the parents to set appointments and to discuss the possibility of obtaining various documents. The evaluator was not successful with his request to the parents to meet together with him. Assessment Tools. Each adult completed the Minnesota Multiphaisic Personality Inventory-2 at my office. Other methods and instruments included personal history, parenting, and child interviews and questionnaires, structured and unstructured observation of individual, couple, and family behavior, the Millon Clinical Multiaxial Inventory- 1, the Inventory ofInterpersonal Problems, the Bricklin Child Perception of Parent instrument, and family drawings. Methdological Note. With the exception of an introductory summary of written records, the material in this report is organized from subjective and indirect measures of parenting to objective and direct measures of parenting, with greater weight given to objective and direct. Extra weight is also given to important data for which there is more than one reliable source. Parent allegations are addressed if they are relevant to parenting. The contents can be read in summary fashion by means of the {bold printed italicized bracketed statementsj at the end of each major section, and/or by referring to the outline that appears in chart form at the end of the report. SUMMARY OF LEGAL, SCHOOL, FAMILY, MEDICAL RECORDS. Residence Historv Mother and Father, 11/96-11/99: 101 N. 2nd St., Worrnleysburg Initial separation: November 1999 Mother, 11199-11/03: 101 N. 2nd St., Wormleysburg (1st address) Mother, (?)-11103: 114 N. 2nd St., Worrnleysburg (Don Rain's home; simultaneous address) Stecher/CustodyEvallTimmerman 9/30/05 2 Mother, 11/03-9/04: 1959 Market St., Carnp Hill Mother, 9/04-3/05: 516 Mountain Ave., Altoona Mother, 03/05-present: 114 N. 2nd St., Wormleysburg Father: (?)/01-present, 5900 Wertzville Rd., Apt. B, Enola Kathy recalls beginning to "eat and live" at Don Rain's home in 2000, sometime after Bart lost his job with Roadway and when water damage from the roof and bathroom became severe. She recalled the separation to be the eve of Thanksgiving 1999. She further said that Bart returned for a time in February and later in the surnrner of 2000. There is some indication from physician notes (see below), however, that the couple was also together off and on until August 2001. So it is not clear when the transfer to Don Rain's home occurred and when the water damage became severe enough to make the home uninhabitable. It is not clear exactly when Bart moved to the Eno1a address because physician notes again indicate that he was frequently with a girlfriend at least until October 2000. Perhaps the outer parameters are provided by Don Rain's written notes which indicate that he was the primary meal provider from the surnrner of 2002 through the winter of2003. Medical Records Comments. [1] The surnrnary statements offather's medical history, as indicated by a bold printed "F", are from the records of Good Hope Family Physicians, 1830 Good Hope Road, Enola, Pa. 17025. [2] Mother's medical records, from the same physician group, for which the evaluator was provided documentation from March 1998 to April 2002, are not utilized in this summary because they do not contain any information about mental health issues or any other issues that might adversely effect parenting. At the time of this report the attorneys had been unsuccessful in obtaining more recent records. [3] Asked why there are no medical records available for him after February 2003, father advised that around that time he received a letter from the physician's office saying that approximately $1000 was owed on co- pays acquired by various family members, and no further appointments could be scheduled until that matter was settled. This evaluator did not see the letter or any prior notices that father might have received; he acknowledged some prior awareness. [4] Father did indicate that he underwent an evaluation at Holy Spirit hospital to qualify to return to work in 2003, but this was last minute information, and the report has not been obtained. Comorehensive Surnrnary 04/241189. F "....has had stomach pains off and on for about a year....multiple TUMS through the course of a day.. ...6 cups of coffee a day. . . .2-4 packs of cigarettes a day. . . .new marriage, new baby, new job.. ...eats a lot of processed foods.. ..went over some ulcergens with him.. ." 03/28/91. F "Depression-car accident, 3/21/91. ...whiplashing flexion and extension... .no apparent loss of consciousness. . .he' s now been out of work for an extended period of time involving a previous back injury.. . ..admits that his wife recently had her car stolen. ....in the process of potentially being evicted from their trailer park.. . .difficulty falling asleep and waking up multiple times through the night, a lot of auras, mind racing, poor concentration, poor focus, and some increased emotionality...." Stecher/CustodyEval/Timmerman 9/30/05 3 04/26/93. F "Presents today with stress symptoms....problems with sleep over the past 3 to 4 years, but worse in the past 6-12 months.. ..work schedule is very erratic.. ...losing control with children, poor focus, poor concentration. ., ..always fearful of the house burning down.. ..wife has apparently become quite distraught with him and has at time even packed his bags.. . grandfather apparently committed suicide and his mother took 'nerve pills'...." 05/24/93. F"... .unable to tolerate the medications. . . .Depression, problem with compliance... .restart Pamelor...." 10/06/93. F "Endogenous and exogenous depression....Went over....exercise program, self- esteem building techniques. Start on Pamelor..." 08/26/96. F"... .increased tearfulness and emotionality. Memory is poor, concentration poor, mind racing. ...a lot of negative thoughts.. ...somewhat suicidaL. ...Wife is 6 months pregnant, was put at bed rest. He ended up having to take family leave just to take care of the other children. Placed him on Elavil....." 1 0f15/96. F "Here for depression check. Bart was unable to tolerate his meds. He stopped the Elavil about two weeks ago.. Jiving in a one room hotel with his wife, 3 children and wife is pregnant. Still waiting for a house that was promised to them. .. ..does have a lot of anger.. ..Paxil 20mg qhs...." 2/18/97. F "Depression - endogenous and exogenous in nature.. . .He' s missed about 3-4 days of the Paxil.. ..he and wife have not spoken to any great degree over the past year.. ..switch to Prozac IOmg a day for one week, then increase to 20...." 6/03/97. F "....working 7 days a week....does smoke at least 2 PPD cigarettes....wife being DX with genital warts on a recent pap smear and there was some accusations back and forth... . We will arrange for a discussion with the two of them together. ..." 07/23/97. F".. ..under a lot of stress.. ..patienttook off Monday and Tuesday and now needs an excuse...." 01/05/98. F "Patient was told yesterday at church that his wife had emptied his Prozac out and filled them with flour." 06101/98. F "Here for depression check. Symptoms (emotional episodes, tearfulness) have acute flare since he was run off the road on the 16th of May. He's remained off work since 5/17 until today...." 08f17/98. F "".He has a history of peptic ulcer disease..." Undated. Photograph of naked woman in bloody bathtub holding a knife to her slit throat; appears to be a staged scene. Photograph alleged to be found by DanieL Kathy reported awareness of other pictures, and believes that father and girlfriend were submitting them for "a Stecher/CustodyEvallTimmerrnan 9/30/05 4 calendar for Hell Raisers." Father said that he took this picture of his girlfriend in the summer of 1999 and that it was just something they decided to do. He doesn't see how Daniel could have found a picture which had been placed in the basement rafters. 11110/99. F "....he feels like his depression symptoms have been somewhat out of control over the last couple months. He has been on Prozac in the past but has been off that now for a couple years. He states that his home life and his job have been extremely stressed. He is having a lot of difficulty sleeping, a lot of difficulty eating. He has lost some weight. He tells me that he would like to get started back on the antidepressant. .. " 11129/99. F "....did discuss his smoking cessation with Wellbutrin, good results thus far...asked about Prozac and told him the Wellbutrin should suffice for this problem..." 02/08/00. F"....is here for discussion of some erectile dysfunction problems.. ..He is taking no medications. He and his wife are separated. They are working to get back together. ..." 07/05/00. F ".. .rubbing his hands on concrete....as a child he would punch himself.. . sexually assaulted. . . ..seen by a psychiatrist in high school. . ..never addressed the issues of the sexual abuse with the parents or his perpetrator.... .has had increasing both visual and auditory hallucinations of a deceased brother-in-law talking to him and seeing him.. . .he states that at times when he is driving on 1-78, he gets a voice telling him that this is where you will die, usually at the same location, near a bridge abutment.. . .admits to being suicidal.. . .Acute major depression with psychotic overlay....! referred to Crisis Intervention at HSH." 08/21100. F ". ...Patient continues to hear voices of his brother-in-law who was deceased 19 years ago....he's e-mailing his previous girlfriend....evicted from his home by his wife 1 day ago...." 08/21100. Letter from Cedar Cliff High School Assistant Principal Andrea Walker: "Considering your child's (Jami Hargreaves) attendance record last year...a physician's statement will be required for each absence if it is to be classified as excused." 08/22/00. F To Michael Eucher, Roadway Express, Inc., ".. ...under our care over the past seven weeks. As a result of his illness, he has been unable to attend work. His actual retum-to-work date is still uncertain...(signed by) Michael R. Gawias, D.O." 10/17/00. F".. ...depression check.. ...He' s had another change of domicile. He's actually left his girlfriend after he left his wife for his girlfriend. ...Feels like he shouldn't be rewarded for leaving his wife....continue Prozac, 20 and 10...." 11109/00. F "Wife-Kathy called. Wife and girlfriend would like to talk to you about mental problems. Bart is having, has been talking about suicide and murder, has done this in the company of witnesses. They are both afraid of him. ..." 1 1121100. F "I called patient. Anger... .snicidal thoughts gone; no further auditory hallucinations. I asked about taking Prozac. He feels no need at present.. ..." Stecher/CustodyEvallTimmerrnan 9/30/05 5 11/2&/00. F "...Patient needs a statement that he was off work from 7/3/00 to 11/9/00...." 12/07/00. Temporary Protection from Abuse Order (George Hafer, Judge, on behalf of Kathy Timmerman: "Bart Timmerman, Defendant... .shall be evicted and excluded from the residence at 10 1 N. 2nd Street, W ormleysburg.. ..contact with the minor children is suspended... prohibited from having any contact with plaintiff s relatives. . . .enjoined from damaging or destroying any property owned jointly.. ...order expiration date 617102." 12/13/00. F "Bart is here for a depression check.....He is involved in counseling and will have them submit reports to us. Went over self-esteem building techniques. Will again attempt to exercise and taIce time out for himself...." 01/04/01. F"... ..His wife has a PF A against him so he's not allowed to see his kids until he has an evaluation.. ..." 04/04/01. F"... .off of the Prozac almost 3 weeks. He is now calling to get back on the Prozac....". 05/03/01. F Initial Claim Report for Disability Insurance, "Diagnosis: Depression.....(signed by) Michael Gawlas, D,O." 05/31/01. F "....has received sentence of 10 days in prison due to what was deemed failure to pay child support. He was also living with his wife at the time and paid her as mentioned. He is unable to state 1his in his defense.. ...because it would have made him in violation ofa protection from abuse order...." 08/23/01. F ".....asked to leave the home again. The children can now only see him under supervised arrangements. She has a PF A back in place which she has rescinded and restated on a couple of occasions....." 09/21/01. F "Bart is here for a depression check. He did poorly on Prozac weekly. He is now taking 20 and lOon a regular basis... .He did have about a 2 week interval. He was staying with his mother in St. Louis.. ..He has elected to turn off his computer and no longer receive any e- mail or phone calls from his wife due to the stress that it creates.. ..." 01/10/02. F "....had what he thinks are anxiety attacks. Patient crying on the phone....." 02/07/02. F "....anxiety, can't take Lorazepam (Ativan). Wants to go back to work on Monday...." 04/12/02. Letter to Mrs. Timmerman from Amy Cook, Holy Spirit Hosptial Teenline Counselor, "I met with your daughter Melissa.....for a mental health assessment as recommended by the Student Assistance Program at Lemoyne Middle School. Melissa was referred to the program due to concerns of depression at school and a drop in her grades." Stecher/CustodyEval/Timmerman 9/30/05 6 08/09/02. F "....A lot of upheaval in his life continues to occur with the recent, what he describes as 'kidnapping' of his children in June by his wife... .has not worked since June 7, 2002.. .." 11/01/02. F "Bart is here today for depression and anxiety attacks.. ..tearful. ...somewhat disheveled. . . .acute exacerbation of depression with associated sleep disorder. . ..Elected to start him on Trazedone; continue Prozac at 60mg a day...." 1 1112/02. F "Call from Dr. Mark Batten who is apparently the Workmen's Compensation physical for Bart's company. They are requesting a formal psychological and psychiatric evaluation before they will permit Mr. Timmerman to return to the highway....." 12/06/02. F "Bart is here today for a depression check.. ..still not back to as well as he was doing six months ago. He did see improvement with the use of Trazodone 100mg." 12/27/02. F "Off work since 9/14/02, due to return after appointment with psychiatrist." 01103/03. F To Whom It May Concern: "....treated for depression requiring him to be offwork from September 14, 2002 to December 20, 2002....(signed by) Michael R. Gawlas, D.O." 02/27/03. F "Needs records copied for employer and for March I2 court hearing." 06/23/03. Complaint for Custody (Attorney Lucy Johnston-Walsh for mother): No allegations made against father. 08/01103. Letter from Lemoyne Middle School Attendance Officer Joseph Gargiulo: "Our records show that your child (Melissa) missed 36 days during the past school year. ...a conference will be held with your child... .please contact me at ....." 09/2003. The death of Kathy's father. 02/10/04. Qualified Medical Child Support Order (Judge Guido): "Bart K. Timmerman is to make such elections and consent to such withholding and deductions from payor otherwise make required payments as necessary to maintain the coverage required by this order." 02/25/04-05/03/04. Progress Report, Camp Hill Middle School, Annely Timmerman: "current average 25%, Annely has done no homework," "Annely is missing 8 assignments out of 13," "Annely is not doing any work outside of class," "Annely is not bringing her journal to class." 02/26104. Academic Progress Report, Camp Hill Middle School, Melissa Timmerman: "Melissa would benefit from making up missed work. Her absences effect her work completion. She would see her grade rise if she made up material." 03/17/04. Letter to Mrs. Timmerman from Amy Cook, Holy Spirit Hospital Teen Line Counselor, "I met with your daughter, Melissa.. .. . . .for a mental health assessment as Stecher/CustodyEvallTimmerman 9/30/05 7 recommended by the Student Assistance Program at Camp Hill Middle SchooL Melissa was referred to the program due to family concerns potentially impacting Melissa's academic progress, " 03/24/04. Court of Common Pleas: Domestic Relations Section, Transcript of Proceedings: Mother is a stay at home mom with a four year old, certification as nursing assistant (1996) which expired due to pregnancy and child care needs following Daniel's birth, a plan to enter the workforce as a paramedic when passing the exam in July, a goal to become deputy coroner. Prior to March I she had health insurance on the children through welfare Amerihealth Mercy. In August, Abigail starts kindergarten half a day, and there's no bus transportation in Camp HilL Mr. Rains is a neighbor that took mother and children in when their home in W ormleysburg was gutted and there was no bathroom. Mr. Rains does removals of deceased people from nursing homes, hospitals, coroners and private homes. 03/29/04. Support Master's Report and Recommendation: "The nurturing parent doctrine has been applied to this case since its inception. The youngest child will not begin school until August 2004. Until that occurs, no earning capacity will be imputed to the plaintiff (mother)." 04/21/04. Letter to Daniel's parents from Karthryn West, Support Teacher, Camp Hill School District, Schaeffer Elementary: "We discussed Daniel's frequent absences [14: December '03 to April '04], and the fact that he often seems tired and hungry. Ms. Timmerman explained that Daniel does not like his room right now and tends to sleep in different places at night. Mr. Timmerman said that he tends to bring Daniel home late on Sunday evenings, but that he would try to get him home earlier from now on. Ms. Timmerman agreed to send Daniel to school with a breakfast bar since he does not always feel hungry earlier in the morning." 05/19/04. Note from Mrs. Fonte to Mrs. Timmerman, "Annely chose writing this to you....I am happy with our discussions and this letter." Anne1y wrote in part, "I'm better off dead.. ...1 wanted to kill myself, so to take my anger out on something I found a needle and cut my ankle...I need to get away.....why the f'l'** are you doing this to me. Why do you hate me so much....J need to get out of the house, I need to get away. I've dealt with way too much and I need to get away b/c if! don't 1 will kill myself...J don't see an end to this.....Not a day goes by that I don't cry.. ..Mom please do something....J just want to be happy....J love you more than anything." When I mentioned this letter to mother, she insisted that Melissa was the only one who had engaged in cutting, and that Melissa wrote the letter, even though the documentation suggests otherwise. Father said that his copy of the letter was too faint to read. Mother said that Melissa was reacting to father "constantly being at their door and playing mind games." June/04. First Grade Progress Report, Teacher Lorraine Edris, for Daniel, regarding Marking Period Three: "llis dear child is struggling with many aspects of the school day partIy because reading and writing are quite difficult for him." 07/15/04. Letter from Jessica Diamondstone, Esq., to Bart Timmerman, copy to Camp Hill Borough Police: "Kathy Timmerman recently came to our office to discuss incidents in which she says you have acted in a threatening and harassing way, by verbally abusing her in front of Stecher/CustodyEvallTimmerman 9/30/05 8 the children, leaving threatening messages, harassing and threatening children, screaming at her and her children, sending her unwanted emails, and interfering with her EMT schooling. Your course of action has caused Ms. Timmerman to be concerned about her personal safety and the safety of her children." 07/17/04. No letter head. Dispatch Incident: Call type Civil. "He (Bart Timmerman) called attempting to get his children today, estranged wife refusing to give them to him. 07/27/04. Dispatch Incident: Call type Civil. "... .stated his (Bart Timmerman) estranged wife is moving, kidnapping his children." 07/28/04. Petition for Special Relief (on behalf off ather by Shane Kope, Esq.): ".. . respectfully requests an order directing the Respondent to provide a forwarding address and telephone number to the Petitioner before she leaves her current home... .." 07/28/04. Complaint for Custody (on behalf of father by Shane Kope, Esq.): ".. ..Plaintiff (Bart Timmerman) seeks partial custody.. . .." 07/29/04. Order of Court (Judge Hess): Mother will provide father with phone number and address prior to moving, or similar means by which to have contact with the children. 08/13/04. Order of Court (Judge Hess): Partial custody for father from lPM Saturday to 5PM Monday each week during vacation from school, and lPM Saturday to 8:30PM Sunday while the minor children are attending school. 09/02/04. No letter head. Dispatch Incident: Call type Information Given. "... .He (Bart Timmerman) is unable to find his ex-wife Kathy or his kids. ...the kids are no longer in school and their records have not been forwarded to any other schooL.." 09/10/04. Pictures of mother's home with this date written at the bottom of the pages: the appearance of a cluttered, unorganized, trashed, chaotic, environment. Both parents advise that the pictures are of the marital home in W ormleysburg, but they disagree about when the pictures were taken and the reason for the appearance of the home. Mother advises that water damage from the roof and bathroom was so extensive at the marital home that the family actually lived most of the time across the street at Don Rains' residence. Father's view is that the appearance of the home was due to mother's disorganization and that they were taken maybe before he left permanently. 09/13/04. Custody Conciliation Conference (Melissa Greevy, Esq) attended by mother, father, and attorneys Kope and Oesterling. 09/20/04. Temporary Order of Court (Judge Hess): ".. ..shared legal custody.. ..equal right to... jointly...... make all rnajornon-emergency decisions.....eachparent shall be entitled to all records and information.....mother shall have temporary primary physical custody subject to father's rights each week from Friday morning at llAM until Sunday at 6PM.. ...mother shall provide transportation.. ..reasonable telephone contact (for father) on Tuesdays at 4PM and (for Stecher/CustodyEvallTimmerman 9/30/05 9 mother) on Thursdays at 4PM... .alternate Thanksgiving, Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving.....Christmas shall be divided into two segments.....(each parent) entitled to 14 days of custody for purposes of summer vacation which days need not be consecutive. . ..provide each other with 30 days written notice...." 09/24/04. Petition for Amendment of Support Order (Attorney Kope for father): The youngest child is in school and mother "has fInished her emergency medical technician ("EMT") training." 08/21/04 to 01131105. Kathy retrieved Bart's August 2004 to January 2005 e-mail transactions at pomography internet sites. The material included a list of 123 group memberships with names like Beautiful Uninhibited Threesomes, Black Attack Gang Bang, Foot Fetish Lovers, Whore Wives, Upskirt Heaven, and so forth. It included a purchase record of Adjustable Wrist/Ankle Spreader w. Leather Cuffs (Nov. 16,2004) and Rare John Fluevog Gothic Erotic Shaped Heels Shoes (Jan. 31, '05); It included a record of Bart's winning bid for Exotic Black 7" Spike Heel w/3"Platform Shoes, Sz5 (Oct. 04), Chi1drens Girls Power Puff House Slippers (Jan. 3, '050, Sin Stiletto Heel-New, White w. 2 Wide Straps (Jan. 7, '05), New Shiny Black High Heels Size 5 (Jan. 7, '05), New Black Vinyl PVC Long Gothic Dress Sz Small (Jan. IS, '05), Vinyl China girl topldress goth, industrial, punk (Jan. 21, '05). 11/17/04. Summary of Trier off act (R.J. Shadday): Mother has been a licensed EMT since August 4. Having moved to Altoona, Pa., she needs two addition courses to secure employment in that area. The matter of inheritance from her father is still probate. 11/17/04. Support Order (Judge Guido): father's responsibility is $1081 per month payable to the Pa State Collection and Disbursement Unit, effective 9/29/04, with arrears of$23714.15 "due in full immediately." Additionally: father pays first $250 of unreimbursed medical expenses followed by a 69% (father) 31% (mother) division. Previous actions. Support Order: $1723.00 (1/22/0 I; Judge Guido); Support Order: $1207.00 (7/14/03; Judge Guido), Support Order: $688.00 (2/10/04; Judge Guido), Support Order: $1480.00 (3129/04; Judge Guido). 12/11/04. No letter head. Dispatch Comments Inquire: ".. ..Timmerman called for the police that he was having problems with his daughter stealing personal items from him and how his step-daughter, Jarni Hargreaves, was at his place causing problems. .. ..one of his daughters stole his notebook that he was keeping that had items in it against his wife. Both daughters claimed they did not take it.. ..." 02/20/05. East Pennsboro PD: Dispatch Incident, Call type Civil. ".. ...Kathy advised that her ex-husband Bart.... will not return the children." 02/35/05. Altoona Area School District, Student Absence Inqniry: Annely Timmerman, 14 "unlawful" absences beginning 917104. Stecher/CustodyEvalrrimmerman 9/30/05 10 03/07/05. Complaint for Custody Modification (Attorney Kope on behalf of father): Plaintiff (Father) "....seeks partial custody..." School principal advised father that C&Y carne to the school to talk to Daniel. The children have missed an "unacceptable" amount of school: Abigai1- 24 excused days, Daniel- 1 5 excused days. Mother's companion threatened Daniel with physical harm and has exposed the children inappropriately to mortician work. 03/07/05. Petition to Re-List Contempt Hearing, and for Contempt (Attorney Kope for father): alleges 39 violations by mother of the custody order related to scheduled visits and phone calls. 03/08/05. Roosevelt Jr High School, Academic History of Annely Timmerman, withdrawal on 3/4/05: Eng-60, Reading-65, World Geog-56, Math-65, Sci-90. 03/08/05. Interim Grading Inquiry (no letterhead): The phrase "inconsistent homework! incomplete homework" appears 5 times for Annely Timmerman. 03/08/05. No letterhead, Student Absence Inquiry: Melissa Timmerman, 9 "unlawful" absences beginning 917/04. 04/08/05. Custody Conciliation Summary Report (Melissa Greevy, Esq.): father and mother and attorneys Kope and Barnett in attendance, "... .agreed that father's Contempt Petition would be Father: "..... complains of (mother's) chronic lateness, occasional refusal to bring the children.... non- compliance with the telephone contact provisions.....the man with whom she chooses to reside has exposed two of the children to a mutilated corpse......" Mother:",. ..relocated from AItoona to W orrnleysburg on March 5.. ...mother claims that father terrifies her.. ...has had unreliable transporation.. ...resides in a 3 bedroom home with her four children, Mr. Donald Rains, and another child to a different relationship who is about 20 years old... .when the children get a cold they seem to pass it from one to another." 04/19/05. Petition for Modification of Partial Custody Order (Attorney Barnett for mother): father has "history of violent and abusive conduct....a history of mental illness... .," for which he has not availed himself of medication. Father has "exposed the children to pornographic materials... .has undermined the relationship of the children with (mother)... .cannot provide an adequate home and environment..." 04/25/05. Order of Court (Judge Hess). Custody order of September 20,2004 "shall remain in full force and effect. . . ... The parties shall submit themselves and their minor children to an independent custody evaluation..., .." 09/30105. At the time of this report the schools had not as yet provided mother with requested descriptions of the children's adjustment for the Fall 2005 school year. Kathy indicated that there had been no problems to her knowledge except that no progress had been made in motivating Annely to do her homework. [December 1988: Birth of Me lis so. March 1991: Doctor's notes first define father's depression os reactive/exogenoos. Stecher/CustodyEval/Timmerman 9/30/05 II May 1991: Birth of Annely. April 1993: Doctor's notes first mention marital problems. April and May 1993: Doctor's notes first definefather's depression as endogenous. May 1993: Doctor's notes first mention psychotropic treatmentfor father's depression. August 1996: Doctor's notes}U'st mention father taking Family work leave. October 1996: Doctor's notes}U'st mention father's anger as a symptom. December 1996: Birth of DanieL June 1998: Doctor's notes first mention missing work due to depression. January 1999: Birth of AbigaiL November 1999: Doctor's notes mention a two year period in which father did not take antidepressant medication. February 2000: Doctor's notes suggest tltatfather first mentioned the husbamJ/wije separation. July 2000: Doctor's notes mention depression accompanied by psychotic symptoms. August 2000: Doctor's notes record the second husband! wife separation. August 2000: The schools call attention to problematic attendance (Jamie). October 2000: Doctor's notes mention father's separation from girlfriend and guilt over leaving Kathy. November 2000: Doctor's notes mention father's anger again as a symptom. November 2000: Doctor's notes indicate that father is off work for medical reasons from July to December. December 2000: Father mentions the PF A to his doctor in. May 2001: Doctor records an official diagnosis of Depression for father's disability claim. May 2001: Doctors's notes indicate that Bart and Kathy are living together in spite of the PFA. August 2001: Father tells the doctor of the third husband!wife separation. Apri12002: The school calls attention to Melissa having mental health issues (depression) at schooL November 2002: Doctor's notes indicate that nine years after initial diagnosis,father's depression is still being treated with psychotropic medication. June to December 2002: Father takes an extended work absence, , at least half of it due to depression. June 2003: In mother's initial complaintfor custody, no allegations are mode againstfather regarding spousal relations or parent/child relations. August 2003: Melissa has a poor attendance record at schooL February to June 2004: Annely has a poor academic record. March 2004: Melissa has a poor academic record related to family stresses. March 2004: In support proceedings, the courts uphold the nurturing parent doctrine. April 2004: Daniel has poor attendance and often seems tired and hungry at schooL May 2004: Annely (Melissa?) threaJens suicide, and demands to leave the present residence. July2004: Bart accuses Kathy of kidnapping the children. July 2004: Court orders Kathy to advise Bart of her address and phone # when moving. August 2004: Court orders every week-end partial custody for father. September 2004: Pictures of mother's home on 2"d street in Wormleysburg, appearing to be a chaotic trashed environment. Stecher/CustodyEva1!fimmerman 9/30/05 12 December 2004: Father alienates Melissa by accusing (falsely) her of stealing and calling the police. February 2005: Kathy accuses Bart of keeping the children from her. September 2004 to February 2005: While in the Altoona schools, there are multiple unlawful absences from school for Melissa and Annely, a poor academic record for Annely, and two to three weeks of excused absences for Daniel and AbigaiL March 2005: Father's complaintfor custody modification seeks only "partial custody"and does not list spousal or parenting allegations against nwther, except to note that the children's school attendance has not been adequate. September 2005: Kathy reports that Annely still does not do homework. Evidence ofnwterial hardship: fl]In mother's written words provided to the court: "Dee. 4, 2000, Domestic Relations ordered that Mr. Timmerman must make payments on the nwrtgage, to be credited toward arrearages. Mr. Timmerman did not comply with this order. The mortgage payments were set at $1/00.68 per month. On May 7,2001, I received a foreclosure notice citing a past-due amount of 3, 606.12 (Validation of Debt Notice by Terrence J. McCabe, Esq.). I fded for bankruptcy, and this action was paidfor by my father. My father paid all mortgage, utility, and bankruptcy payments through September 2003 when he passed away. " f2]In the written words of Don Rains: "2 of the last 3 years 1 have supplied the needs of his (Bart's) family, 1 year w/out him making any support payments.._l supplied doctor's co-pay for his children. I suppliedfoodfor his children while he kept them on week-ends. 1 supplied medications for children while they were under his care. I suppliedfood at my house because he had nothing to eaL Summer/Winter 2002/2003. " [3] Father reported to me, "1 was unemployedfor three years after I left Roadway"(2000). He said that it was not unusual following the separation from Kathy in 1999 to become depressed and take "two to three nwnths off, and take off across state. " Evidence of psychological hardship: [J I Mother's endorsement of the MMPI-2 item, "I have had periods of days-weeks-months when 1 couldn't take care of things because I couldn't 'get going. '" f21 Mother's internet journal poems (5/12-13/04), "I can't go back, I can't go forward.. .please please please don't leave me here alone toface the darkness again, I'll die this time....let me die to the darkness and stand in the light knowing you're with me. I see little hope, only the dark, only the darkness, save me, I'm afraid of him." And there were multiple uses of the phrase, "He'll kill me this time," in a second poem. f31Don Rains endorsement of the MMPI-2 items, "Ifeel useless, no one cares much, and most of the time I wish I were dead." StecherlCustodyEvaI/Timmerman 9/30/05 13 [4JDon Rain's written wyman's comment about Kathy's health, "You see, in my opinion, Kathy sufferedfrom extreme post partem depression. Reason: 40 year oldfemale, 5 children, youngest a baby and Bart walks out on her. Not once but 3 times!" [5J Father's history of diagnosed clinical depression, at leastfrom 1991-2003, is documented above. RESIDENCE. Mother. Kathy's home is the end unit of three row homes along a moderately traveled street in W ormleysburg. It is also the residence of Donald Rains who has rented the dwelling for the past four years. Mother and children moved here from Altoona on March 7, 2005. Also residing here is Don Rain's sister Janice Mancuso (age 58). When asked about any future move, Kathy said, "I'm still waiting for the disbursement of my father's inheritance[Q.] $50,000 to $75,000 [Q.] soon." According to Don, "She can stay as long as she needs." The home is fronted by a sidewalk/grass strip and a small landscaped 1awnlflowerlbush area that is too smallfor play. To the side of the home there is a cemented and rose bush area that is not appropriate for play. There is a small back yard area that is suitable for some games and tossing a balL A patio in the back has a swing and a grilL The home has window air conditioning and was comfortable during my visit. Indoors, the residence had a rnild to moderately cluttered appearance. In addition to living areas and a kitchen, there is a work room on the first floor with a long table. Kathy does ceramic work and painting, and her own kitchen cupboards are a product of her work. Bedrooms and bath are on the second floor, and the older girls have an attic room, which is carpeted with two queen size beds and a TV, but no dry wall, although they may also use the sofa bed downstairs. The two younger children share a room that has a bed for each of them. Father. Bart rents a first floor apartment in a four apartment building, with a parking lot to the front, that sits well-back from a high volume traffic roadway. When asked about any future move, Bart said, "If child support were lifted, I would move to a full home with a good basement or attic for the kids." There is a relatively large mowed lot around the apartment complex but no playground equipment of any type. The area is minimally landscaped, with some plants. The apartment has a living room, bedroom with one large bed, bath, and kitchen/dining area, all very smalL There is an air conditioning unit in the living room, and the residence was comfortable during my stay. There are pictures of the children at different ages, and art-work is on the walls at different places. There are quite a few antique items. If all the children stay overnight, the two older girls sleep on the futon in the living room, and the younger children and father share the large bed; father may end up on the floor laying on blankets. {Mother's home is roomier and has adequate sleeping space. in much different WIQ'S, both parents waitfor financial relkfto improve their living circumstances.J PERSONAL HISTORY: SELF-REPORT Stecher/CustodyEva1fTimmerman 9/30/05 14 Family History. Mother. Kathy's parents divorced when she was age 10. The parents are now deceased (father in 2003, mother in 1994). She does not keep in touch with two older brothers David (55) and Terry (54), who were in the military when she was growing-up. Kathy lived primarily with her mother and saw her father perhaps two weeks in the summer. When she was age 13 her mother remarried. Until age 15 she was physically, sexually, and emotionally abused by her stepfather, "a 6' 4" cop with a drinking problem," and this led to moving into her own apartment and living independently off of child support, with help from her mom, from age 16 to 18 during which time she was supervised by her grandmother next door. She was then with her older daughter's father from 1978 to 1987, the last seven of those years married. About him she said, "He was in a motor cycle accident and left me for a bottle." Years later, when Bart left, she remembers sitting down and crying together with her father because his wife had left him the same day. Kathy views her parents strengths as being good providers, listening well, and being "fully supportive" of her. For weaknesses she mention mother constantly working and father's hesitancy to believe her abuse descriptions. Father. Bart's parents did not divorce. He has eight siblings. His father has been deceased for 19 years and mother Susan Timmerman resides in Ferguson, MO where a number of the children also reside. Bart does not report any experiences of childhood abuse. He keeps in frequent touch with his mother who sends items for the children. He and the children visited in Missouri the frrst two weeks of August; they saw "aunts, uncles, and a lot of cousins," and Abigail saw grandmother for the frrst time. (Both mother and father confirm that this driving trip took place from July 31 to August 13, 2005, that the children frequently spoke to mother by phone, and that there were no major incidents such as a runaway attempt.) Bart views his parent's strengths as vacationing, providing material things such as a bicycle, teaching the children to be truthful, encouraging them to try new things, teaching how to save money, a constant show oflove from his mother, and an organized home. Parent weaknesses took the form of lack of demonstrated love by his father who smacked the children with a belt, got very loud, and did not give the children much of his time. One time his father made him eat half a cigarette. There must be considerable feelings of ambivalence about father, about whom Bart also said, "He was the biggest influence in my life. He taught me the right thing to do." Discipline in the home consisted of dad's belt, mother smacking with a paddle-ball paddle, and groundings. Donald Rains. Don did not know his father who left before he was born. His mother is deceased (1997). During his developmental years he lived with his mother, a great aunt and uncle, and grandmother. His mother did not remarry. He has two sisters. Respect was taught in the home and there were paddlings for misbehavior. The family was poor, didn't have a vehicle, and canned a lot of their food which was shared with the neighbors. He was married for one month in 1977. He separated from his children's mother in 1998. There are three grown children: Jodi (28), Lori (23), Niki (22). They all work for the 7-11 Company. There are three grandchildren. He said, "My wife and 1 get along. I see the kids often." Don describes his relationship with Kathy as initially romantic when they met three years ago, but they are "friends" now. He said, "Do I love her?" Yes." Stecher/CustodyEvallTimmerman 9/30/05 IS [Mother's developmental experiences included long lasting abuse and trauma. Father's experiences included harsh parenting behavior. Both had to cope with an unavailable parent(s). Neither sought professional counseling for their life problems. Mother's experience probably represents a bigger hurdle to overcome.} Education and Work. Mother. Kathy received B/C marks in school, obtained her OED, and also received a career school qualification for work in the travel industry. She wrote her current occupation as, "Mommy." In her later teens and early 20's she was a waitress and exotic dancer. Kathy was not employed from 1984-1991. For a five year period in the early 90's she worked as a sales representative at Bon Ton and as a certified nursing assistant for Cumberland County as well as for private clients. She has not been employed since 1996. TIris past year she became licensed as an EMT, and her goals are to obtain a paramedic license and eventually receive additional education and training toward the goal of Deputy Coroner. Father. Bart graduated high school with C marks. He has been driving truck since age 21. Information about work history also appears in his medical history (see above). He reports current employment as a truck driver with Transcorps Express since October 2003 and is on the road perhaps 70 hours per week, 6PM to 4AM. Donald Rains. Don attended high school into the lOth grade and eventually obtained his OED. He served in the Marine Corps from 1973 to 1977 and was assigned to VietNam. He eventually attended college and received B/C marks. For 38 years he has been a self-employed Funeral Director Assistant. He offers a "removal service," delivers bodies to funeral homes, and provides long distance transport of remains, even internationalIy. He is a sole proprietor and responds to an average of 1200 calls per year. [Both parents have shown some vocational persistence. Mother has yet unfulfdled educational and vocational goals, and her earning ability is unclear.} Interests, Socialization. Mother. Kathy views her strengths as hands-on and art activities and using numbers. She wrote that her interests are, "My kids - paints - decorating - medical education." At one time she also did quite a bit of roller-blading, but she fell and hurt her back. She names friends as Melinda and Pam. Kathy indicated an affiliation with Christ Community Church, and at one time she participated in their Davidic Dance Group. She hasn't attended church since September 2004, but said, "1 would go if! had the kids on week-ends." Father. Bart views his strengths as hands-on and art activities and using words. He wrote that his interests are "plants, classical music." When growing up in St. Louis he recalIed involvement in a number of activities: cub scouts, school play, running cross country, ice hockey, and drag racing. He referred to a friend by the name of Mike. He did not mention organization or group affiliations other than to say, "1 was involved in the bad part of the bikers' world.. ..One Percenters, Outlaw Club." He indicated that he sold his bike three years ago, and said, "I gave up my wallet a year ago." Stecher/CustodyEvallTimmerman 9/30/05 16 Donald Rains. Don views his strengths as hands-on activity, music, and using nnmbers. He wrote that his interests are woodworking, old cars, and dancing. He has :m affiliation with Christ Community Church and Glenvale Church of God. He named friends as Mike and Ron. {Both parents have their own unique skills and interests to offer the children. However, Father acknowledges a relatively recent extremely values-marginal counter-culture affiliation.} Substance use. Mother. Kathy wrote that she may have 1 to 2 alcoholic drinks a month, an "occasional wine or rum and coke." She drank heavily on a daily basis for about a month when she and Bart separated in 1999. From about the age of 15 to 21 (1974-1980) she used marijuana daily, and then again for about a month when Bart left. She reports no marijuana use since 2000. There is no history ofD/A treatment for substance abuse or dependence. Father. Bart wrote "none" after the question about alcohol use and "none" after the question about drug use in the most recent three years. He said, "I experimented with pot and coke before I married Kathy." During one interview he reported not using either drug for seventeen years, and during another he said, "We drank, but not excessively. I worked six days a week, and 1 have random drug tests." There is no history ofD/A treatment for substance abuse or dependence. Don Rains. Don enjoys a weekly "half-bottle" of pepsi and cherry rum. He attended AA meetings about ten years ago as part of a court ordered educational course following two DUI arrests (see below). There is no history ofD/A treatment for substance abuse or dependence. Father independently reports that he had seen Kathy and Don with rum and coke in hand. Kathy wondered to me if Bart admitted to using drugs when he wasn't working and was riding with the bikers. {Both parents report a history of substance use, but not in recent years. Don Rains has been irresponsible with driving and alcohol use, but not in recent years. Although his observations about work make sense,father's verbal inconsistency raises some issues of truthfulness.} Mental Health. Mother. Kathy said that she has no history of serious mental health problems. She does not take psychotropic medications. She reports no history of counseling from a mental health professional. Her responses to a check list of symptoms suggests that she is not experiencing significant levels of depression, anxiety, or anger, or disruption of sleep and appetite patterns, or distortions of thinking. She did not endorse any extreme personality characteristics. For life-problem areas she checked marriage, finances, and lack of assertiveness. Father. Bart's reports weaning himself off psychotropic medications in 2003. Regarding counseling, he wrote, "church-two years ago." His responses to a check list of symptoms suggest that he is not experiencing significant levels of depression, anxiety, or anger, or disruption of sleep, appetite, or work patterns, or distortions of thinking. He endorsed one extreme personality characteristic: "1 must act properly and do things right with perfection all of the time," and "I must have things in order most of the time." He explained this by saying that Stecher/CustodyEval/Timmerman 9/30/05 17 he has driven almost two million miles with no speeding tickets or accidents, that he keeps his bills organized, and that everything has its place at home. Don Rains. Don reports no history oftreatrnent for mental health problems. He does not take psychotropic medications. He reports no history of counseling from a mental health professionaL Although he had battle experience in Viet Narn, he does not think of it as trauma. He acknowledges feeling anxious and helpless "most days" about "situations with Mr. Timmerman." Poor sleep, physical pain, and racing thoughts "most days" are related to work pressures and health problems. He also endorsed one extreme personality trait: I must act properly and do things right with perfection all of the time (work) and most of the time (home). [There appear to be no significant dijJerences in this positive self-report materiaL However, the initial summary of collateral data and information under the adult modeling section gives a dijJerent picture of the psychological dynamics and sufferings.] Legal Civil and Criminal Matters. Mother. Kathy writes that she has no history of arrests. Father. Bart writes that he has no history of arrests. There was a Protection from Abuse Order (see above). Don Rains claims that Bart's slandering behavior cost him a business account. This stems from Don allowing the older girls to help him and showing them a mutilated body which he retrieved at an accident site. He said, "I want my day in court." Don has a history of two DUls, ten years ago. In his early 20's he was arrested and jailed for aggravated assault. He said, "I would look for a fight." [Don Rains has an early life history of assaultive behavior, but he seems to have successfully sublimated those urges in recent years. Father has a history of fairly recent intimidating and verbal behavior which, among other things, severely scares mother.] Physical Health Issues. Mother. Kathy reports no major health problems, and she does not take medication for any chronic condition. Father. Bart's medical history has been reviewed (see above). He did not personally report any major health problems, and he does not take medication for any chronic condition. Don Rains. After the item "major-health-problems," Don wrote, "Heart and Kidney stones." He reports three heart attacks in 2004. He reports having "physical pain most days." During the family's structured observation conversation, he said that he didn't expect to live ten more years given his own health problems and family history. [Don Rains suffers from life-threatening medical conditions.] PARENTING: SELF-REPORT. Description of Children: Melissa Funny 1/ Likes to joke, carry on Honest Opinionated Mother x x x Father x Stecher/CustodyEvallTimmerman 9/30/05 18 Melissa Mother Father Trustworthy x Happy most of the time x Learning disability with IEP x Good friend and confidant x Cute and loveable x Thin line of peer tolerance II selective on friends x x Respectful x Not allowed to date x Never a discipline problem x Would like to help abused kids x Pre-menstrual "seizure" history x Mild asthma-inhaler, albuterol x Says, "I'm the Princess" x Shy about getting involved in chorus x x Beautiful x Quiet x Naive x Can be very serious minded x Well-groomed x Perky x Caring x (Mother's observations are deeper and broader.) Annelv Mother Father Outgoing, ton of friends, listens well, good buddy, kid's kid x x Funny x Athletic, competitive, highest physical fitness score x Trustworthy x A little lazy /1 Doesn't try that hard x x A little rebellious x Very independent /1 Not afraid to try things x x Keeps anger in: locks door, walks II hides emotions x x Tries your patience x A strong kid x Cute x Adored by other parents x Bottomed out when father left x Failed English, science (?), summer school x Said, "What is a grade? A scratch mark on paper." x One time shoving match with Daniel x Animal lover II interested in horses x x Getting glasses for near-sightedness x After school arts-crafts program x Davidic dancing with mother x Stecher/CustodyEvallTimmerman 9/30/05 19 Annelv Beautiful Holds my hand in public Good all around Loving Volunteers to help Bright Mother Father x x x x x x [Mother's observations are broader. Somewhat unusually, father reports public hand-holding with a 14 yr old.] Daniel Sensitive, emotional, feelings easily hurt Sweet Loving He's a boy II active, running, carrying on Kind and giving II real caring, consoled crying boy at park Makes good friends easily II Outgoing, makes friends at pool Borderline truthful, exaggerates, tells stories to teachers Likes to root Loves to play games II video games A bit of a crier Stands up for MR friend Learning disability-part time LS Needs rest - bedtime 8:30PM Handsome Protects Abigail Catching on to idea of saving money Loves to please me Tries new stuff [Mother's observations are broader.] Abigail Outgoing, expressive, open Makes friends fast, easy Very playful and interactive Entertaining, funny II always smiling, jubilant Sweet Wets the bed once or twice a month Wants to know how things work Wants to be with Daniel, thinks of his needs, protective Cuddly and kissy Likes to help, most friendlylhelpful award at school Sometimes hits in anger Idolizes Melissa singing Stecher/CustodyEvallTimmerman 9/30/05 Mother x x x x x x x x x x x x x Mother x x x x x x x x x x x x Father x x x x x x x x x Father x x x 20 Abigail A fighter, strong, 35-40 days premature Learned to swim under water Wants to please me Shows emotions, also holds some in Picks up her toys Bright - wrote numbers and letters before kindergarten Mother Father x x x x x x {Mother's description is broader and includes behaviors of some dysfunction, as well as positive attributes.j Don Rains' Observations of the Children. Don views Melissa as a "very responsible" teen. He sees Annely as "inquisitive," "very understanding," and "quick to react" to what someone does or says. Also, "She took it so hard when her father left." Annely is competitive with Daniel for her father's attention. Both Don and Daniel are big Jackie Chan fans. Abigail is "inquisitive" and quick to make friends. {Don Rains is capable of describing the children in a quite constructive manner.j Discipline, Boundary Setting. Mother. Kathy advises that Melissa has never been a discipline problem. Annely accepts grounding when the decision is made. She recalls that Daniel was spanked when he had played with matches and set a mattress on fire 4 or 5 years ago and another time when he was throwing eggs at age 3. If he and Abigail are fighting over something, she will put away whatever it is. Abigail might get "smacked on the butt" for being smart, and a couple months ago she had been walking up to her mother and hitting her. This has happened when she was told 'no' to going with Daniel to play with his friends. Mother was surprised and indicated that she was unaware of it when Don Rains said that he had "paddled" Abigail several years ago for crayoning on the walls. He said, "I've paddled both her and Daniel, maybe five times each." He advised that with his own children he emphasized what they could do and couldn't do and to be each other's best friend. Father. Bart describes all four children as "pretty well behaved here." He said that he uses "verbal firmness" if the kids are being too noisy and things need to be picked up in the evening. He has to "keep after them verbalIy" to turn off lights and pick up toys. Melissa and Annely will clean up when asked. When not at home, the older ones "aren't allowed to go the next time if I'm not able to get in touch with them." That's happened maybe once or twice. The children may have to be admonished about running in a grocery store. Last year Bart helped Daniel with a bully situation at school, "{ told him to tell him he'll punch him ifit keeps up. ....walk away." He also "really pushes" brushing teeth; Abigail had three teeth pulled by age five. And he has talked to Daniel about real life violence and the make-believe violence on video games; Daniel plays Grand Theft Auto 3 a lot. {Both homes appear to consider boundaries important, and the children are reported to be generally well behaved in both homes. There is some evidence of a need to improve adult communication in mother's home. Mother reports methods that are occasionally harsher than those reported by father.j Stecher/CustodyEval/Timmerman 9/30/05 21 Future Plan. Mother. Kathy holds out hope for presently unrealized voice and piano lessons for Melissa and for her involvement in school chorus. She can see Annely becoming involved in track, basketball, and volleyball. She would love to see Abigail take ballet lessons and become involved "in a little theatre group." She want ails the children to go to college, but she doesn't see a scholarship in anyone's future. Melissa will have the hardest time with her learning frustrations. If she could pay for their education she would; maybe, she could take on half of the costs. Father. Bart indicated that he supports all of the children going to college. He's aware that Melissa wants to perform and sing. He is sure that Annely "would be good at anything;" there's been mention of large animal veterinarian. But, he said, "I'm not sure how to re-interest Annie in school." He further mentioned that computers are probably the direction that Daniel should go, and, "Abby's just my little girl enjoying age 6." Bart has tried to prompt educational interests with things like recently explaining the historical origins of July 4, and he talks to the children about his family history. Don Rains added that Melissa has volunteered in school with MR kids, and he would also like to see her get nursing home volunteer experience. Annely found a skeleton of a baby deer, and Don helped her lay it out. He could see her being a veterinarian, or marine biologist, or working in the Medical Examiner's office. Daniel would like to be an EMT like his mom. He could benefit from some success experiences and participation in sports. Educationally, it would probably be best to start at a community college after working for a year to realize that you don't really want to work at McDonald's and to think more about what direction to take. All three adults gave a positive endorsement to the following two PBRS scenarios: [1] The parents want a good education for 2yr old Vonnie. They say, "It will be UP to her if she wants to go to college." [2] 15yr old Jack has dreams of going to college. The parents tell him that they will pay major costs, but he must work summers after his junior year in high school to save money for books and all personal expenses. [The adults report a positive vision/or each child and some sense 0/ each child's uniqueness.J Typical Day. Mother Take Annely to summer school Daniel and Abigail are up by 9 to lOAM Melissa sleeps until noon or later Waflles, cereal, oatmeal, eggs made by Kathy or Don Watch TV Melissa spends a lot of time chatting on the computer Daniel and Abigail play in the back - frisbie, badmitton, batlball Park 5 blocks away, supervision by adult or Melissa Annely is off with friends as much as she can be No set lunch time Stecher/CustodyEvallTimmerman 9/30/05 22 Dinner, 6PM-8PM, adults take turns cooking Not strict about bedtime in surnrner Father Every body is up on Sunday by IIAM Sometimes make egg sandwiches, pancakes "Clean up from messes the night before" Head to the pool May pack sandwiches and/or get snacks at pool Back home by 7PM Tomorrow may come home early for River of God church festival Cook evening meal, sometimes have leftovers Evening: TV, videos, play board games Catch bugs, walk through woods in back Listen for "God's music," like the sound ofa Woodpecker Stay up late to spend time together [Father's environment may be IfWre oriented parent/child action activity. Mother's environment may have a IfWre individualistic computerlpeer orientation. Melissa says elsewhere, "I'm on the computer 2417. "J CHILD PERCEPTION: INTERVIEWS. The children report that visitation with father is each week-end, 11AM Saturday to 6PM Sunday when there are work or school obligations, and until 5PM Monday when there are no work/school obligations. Melissa (age 16). Mother's Home. Melissa is entering the 10th grade. She likes the social aspects of school, and maybe math. She was able to name several friends: Monica, Jessie, and Justine, and she has a boyfriend Justin. Mother meets anyone she is interested in and will usually provide transportation if they have a date. Melissa presently has no vocational goal. Regarding helping out, she said, "We clean up after ourselves." About father she said, "I don't get along at all with dad." She has only called him by his first name for about a year now. There was an incident when he accused her of stealing his "book," the police were called (See above), and the book was found the next day in his closet. "He said that he was sorry, but I didn't accept it." Also, at least one time father raised his fist to her in anger and said that he would "kidnap" them if necessary to take them to see their grandmother this surnrner. "I'm afraid ofhim...terrified." Also, "He gets angry and points his froger," so she "tries not to say anything" when at father's place. If visitation were voluntary, she would probably see her father "once a month." About Don Rains, she said, ".....he took us in when Bart left us with nothing.....the best and biggest thing that happened to us... ..me and him get along great, I can talk to him about anything and he will listen. I'm so happy he is a part of our life... .Don cares for us." Father's Home. Melissa remains very angry about the stealing accusation. Her father has never been physically abusive, however, "never hit me." Melissa remarked that he "lies" but was not Stecher/CustodyEval/Timmerrnan 9/30/05 23 able to explain what she meant. She goes back to her mother's, shopping, etc., when father and the other children go swimming for the day. The last activity she recalls with her father was going to see the movie The Passion of Christ about a year ago. She said, "It didn't really matter to me." She recalled that he once ordered a "face cleaning solution" for her on the computer. When talking about help with homework, she said, "He's really good at history." When at the apartment she watches TV/videos. She is allowed to visit with friends, Monica and Amanda, when staying with her father, including overnights. [Mother appears to hIWe done a better job than father at relationship building. Melissa reports being very negatively impacted by father's distrust and anger. She uses a term for him which is frequently used by her mother, "lying," but she can't explain it, so there moy be undue adult influence. She is able to compliment her father and wants to see him, only less often. She reports a very positive relationship with Don Rains.} Annely (age 14). Mothers's Home. Annely is entering the 8th grade. She indicated that she likes school but not homework; she does have a vocational goal to be a veterinarian for large animals, especially horses. She spends time with friends every day: Julia, Nikki, Travis, Molly. She indicated that mother had a protective attitude and didn't allow walking at the "bottleneck." Regarding helping out, she said, "If she (mother) asks me, I do it." About father she said that it upsets her to be required to go to his house "every" week-end. She said, "We don't really get along. He gets mad easily." She indicated that sometimes she is allowed to see a friend and sometimes not. "He hardly ever does what he says." She also remarked that it was "hard to find a place to sleep" at father's. If given a choice she would "probably live with mom" most of the time and see father every other week-end. About Don Rains she said, "....1 think he is cool, every time he's here we always get along...he's really nice and he's always here to talk to....he is always letting me bring friends over and have sleepovers pretty much whenever I want, he is the coolest." Father's Home. Annely again expressed "anger" about the every week-end requirement. By choice she would come once or twice a month. A lot of time is spent going to the pool during the day and watching TV in the evening. Father might make hamburgers or lasagna for dinner, but they don't have lunch and "hardly ever" have breakfast. Annely remembers when it was "a lot offun"going horseback riding, and even cleaning the stalls and giving the horses a bath, but they have not done this for the past year. (Both father and mother expressed good memories of this activity. Mother said that Annely earned horseback riding by keeping good grades and by helping clean the stables. Father said that a time came when Annely wanted to walk to the stables by herself, and he said "no," but if she still had an interest he would follow through.) Sometimes she is allowed to spend maybe half the week-end with friends Casey and Thalia. She remarked that father "gets really mad fast.. . words not physical. .. .over stupid things like the younger ones not picking up toys." Stecher/CustodyEvallTimmerman 9/30/05 24 {Again, mother appears to have done a better job of relationship building. Like Melissa, Annely reports a lying trait in her father, and she is also impacted by hL~ anger; however, her negative feelings seem to be less intense than Melissa's.. Annely describes a good relationship with Don Rains.} Daniel (age 8). Mother's Home. Daniel mentioned spending time, on Wednesday and Friday, with a friend Tommy, and they "walk a couple blocks." He is entering the 3'd grade, and said, "1 love school so much. 1 never want to quit it or leave my teachers." His favorite subjects are math and reading. About future work, "I was going to be an army guy, but 1 think I'm going to be a cop." In response to a structured set of questions, Daniel offered that he "couldn't enter a swim contest because of a sore throat," that he had a splinter and, "Don got it out." He further made the remarks, "I'm not scared of anything," and, "1 clean my room." He also said that Annely was "bad" and got grounded for five days because she "hit me." He went on to talk about playing the Grand Theft Auto game at his father's when he "acts like a cop and gets the bad guy that stole." He spoke of time at father's as "fun," and he likes to play checkers there. "1 beat his butt one time. He won two rounds and I won two rounds." Given four options: live with mom, live with dad, live with both equally, or let the adults decide, Daniel chose the last option. He said, "1 want them to be together." About Don Rains, he said, "I'm scared of Don....! thing he's trying to kill my mother...! don't like him....! want to move away from Don....! don't do anything with him any more....! don't want to see him anymore." ['This was all said unemotionally, as if without comprehension of the words.] There was some memory ofan incident with "5 cop cars outside a long time ago..... mom was outside crying....Dad drove us over....We wanted to check on mom." Father's Home. Daniel's immature understanding of time was evidenced by the comment, "We get here at I o'clock and get home about 2 o'clock." He talked about playing X-box (video games) and doing things with his father like listening to music, and playing checkers, Don't Break-the-Ice, and Hi Ho Cheerio, and using squirt guns, watching the history channel, and going to the park, pool, Dairy Queen. Whistle Stoop, Blockbuster, McDonald's, Burger King, and DVD warehouse. He mentioned going to see father's friend Augie and Annely's friend Rachel. He also remembered Rebecka, the lady with the horses that Annely talked about. In response to a structured set of questions, Daniel offered that father allowed him to explain things in his own words "even if it' s a cuss word," advised that the kids at school "are scared of me," said that father "helps a lot with home work," and, "I go to sleep whenever 1 want when dad lets me," indicated that he has his "own bible and cross," remarked that dad told him a safety story about dropping his cigarette when asleep, and said, "When 1 want a game I do chores." Daniel made unprompted remarks about Don Rains, "You remember 1 told you he was trying to kill my mother. Two days he came up and spanked me and Abby for no reason. I don't know why, that's why we're leaving. My mom doesn't like Don, too. She came and pushed him, . Are Stecher/CustodyEvaIlTimmerman 9/30/05 25 family picture, mother and the four kids are smiling figures at a playground "down by the boro hall." Mother is standing by in close proximity while Abby and Daniel swing, Annely goes down the slide, and Melissa does a cartwheel. Father's Home. [1] The fatherldaughter picture is titled "fighting," and the two have angry facial features and are holding their hands behind their backs, and Melissa is looking away from her father. [2] The family is at Wal-Mart in the second picture, Abby is asking, "Can I get a toy," and father is saying, "No I don't have any money." Father stands hands on hips with an angry look, Daniel smiles, Abby frowns, and Melissa and Annely look on with knowing sarcasm from the far side of the page. [Melissa's pictures primarily represent positive feelillgs toward mother and distanced feelings toward father. Mother provides developmental opportunity, appropriate caution, and family fUll. The thought offather as the source of hurt stays with her even when at mother's, and she thinks of him in terms of the material things he has to offer.} Annely. Mother's Home. [1] The mother/daughter picture shows Annely and mother as smiling figures in close proximity sliding across the floor on their backsides having a race. Annely says, "Wee!" and mother says, "Yay....I'm winning!" [2] In the family picture, mother and the four kids are smiling figures "jumping on the elevator at the beach." Mom is the middle figure balanced by two children each on either side. Father's Home. [1] The father/daughter picture shows father and daughter with high-bar equipment. Annely is "doing pull-ups for ten bucks." She says, "6, 7, 8, 9....But it's hot!," and father says, "Keep going! Or no money!" Annely's look is distraught, and father has teeth showing, suggestive of anger. [2] The family picture is titled "Grocery Store," and father is pushing a cart with the four kids following, Annely being the farthest away. In contrast to the pictures at mother's home, the color black is more frequently used at father's home. [Annely's pictures primarily represent positive feelings toward mother and distanced feelings toward father. Mother represents family fun and fair treatment. Although the settings are positive,father is associated with distancedfeelings and conditional giving which is thought of nwnetarily.} Daniel. Mother's Home. [1] Mother and son are smiling figures "throwing a 'slim Jim lid' back and forth like a frisbie indoors. Mother and son occupy the far ends of the paper. [2] The family are smiling figures at the beach with the Life Guard watching. Abigail is with mother at the towel, Daniel is playing in the sand, and the older girls are in the water. The other children are placed in closer proximity to mother. Father's Home. [I] Father and son are smiling figures sitting next to each other on the bed playing X-box. [2] Daniel 1abled the family picture, "lighting fireworks," and said, "Annie got real excited." Mother is included in the picture, and she stands by father who in turn stands by Daniel. Annely is very close to the fireworks, and the other children watch from farther back. In both these pictures there is some overlap of the father/son figures, perhaps suggestive of excessive influence or enmeshment. Stecher/CustodyEval/Timmerman 9/30/05 27 you crazy.' She said, 'Just forget about it." Daniel further said that the family was "leaving on the 18th." About the living arrangement he said, "1 like it how it is. 1 would like my mom to know how it feels to see us just weekends, but I want it the way it is." fIt's pretty obvious that Daniel is following father's lead with regard to negative comments about the custody arrangement and about Don Rains and nwther. He wants to be with both parents and to have his family togdher; he trusts the jutlgmellt of the adults, and docsn 't want to be caught in the middle. Daniel's remarks suggest that he is handling his feeling5' in It dysfunctional manner: holding them inside, projecting toughness, and denyingfear.} Abigail (age 6). Mother's Home. Abby mentioned friends Kelly, Maria, and Raina, but, "They don't know where my house is." She is entering the 1st grade, "1 like school. . . .get to play with toys and go outside.. ..gym's much funner." Abby said, "I want to be a volley ball playerlike Kelly." When talking about night time, she said, "Sometimes I use a pee mat. She (mom) doesn't let me pee the bed". .She gives me medicine when I don't feel good, ,.I sleep in her room when 1 get shots." Also, "I don't like this house.,.It bothers me...! can't sleep in this house,.. The floor makes noise when mom goes to the bathroom." About Don Raines, she said, "I don't like Don...he hitted me [Q. 'long time ago.']. She spoke about Don going to his room, and her going to her room, but, "Sometimes we [mom and sisters] watch TV in his room when we get bored." Further, "There's two beds in. Don's room, one for mom and one for Don...Dad doesn't like it when mom sleeps in Don's bed...Dad doesn't like Don.. .Dad doesn't want us to live here." She volunteereu,"I want to live with my dad. Also, she said, "I like it when my dad takes me to the river. My dad loves turtles and so does Daniel. We walk around and fmd turtles." Father's Home. Abby talked about playing her favorite game Don't Break the lee. She said that she liked bunnies, and she talked a lot about the things that she likes to do when every one goes swimming. [Again we have a case where the child seems to be repeating negn/h'e stnteme/ltf: mode by father about mother and Don Rains. These may in part be the source of fearfulness, beilwettitig, f.!ilil aggressiveness (mentioned earlier) at nwfher's home. There is a pretty strong identification with father.} CIDLD PERCEPTION: DRAWINGS. At each home each child was a~kcd to draw a picture of themselves doing something with the resident parent individually and to also make a family drawing. Melissa. Mother's Home. [1] In the mother/daughter picture Mother and Melissa are smiling figures with open arms sitting in the front seat of a car while Melissa practices driving. Melissa's saying, "Look at me dtive," and mother is saying, "Car, car, car, Melissa, watch the mud." MQ'ther's shirt says, "I love my kids." Melissa's shirt says, "1 bate week-ends." [2] In the Stecher/CustodyEvallTimmerman 9/30105 26 {The hypothesis of some inappropriate influence by Father on Daniel is reinforced by these pictures. Positive feelings for both parents are indicated. By including both parents in the family picture atfather's home, he reflects his own hopes as weU as the feelings ofhisfather.] Abigail. Mother's Home. [1] Mother and daughter are smiling figures in close proximity to each other on "swings at the park." [2] The family picture is at the Camp Hill pool, "My dad takes us," and includes a smiling Melissa, Abby, and mother holding hands while Annely and Daniel stand in the background. Father's Home. [1] Father and daughter are smiling figures in close proximity to each other, and they are "catching butterflies." [2] In the family picture all are outside in close proximity, including mother, who stands by Annely, who appears to be watching, Abby, Melissa, and father do cartwheels. The facial expressions are not clearly set forth. {Positive feelings for both parents are indicated. Abigail thinks of the family, wherever she is, as mother/father/siblings.] CHILDREN'S PERCEPTION: BRlCKLIN SCALES. This instrument presents a series of situations for which the child provides a non-verbal response along a continuum from not-so-well to very well, for hislher perception of the parent's competency, supportiveness, follow-up consistency, and admirable character traits. Thirty two situations are presented. The instrument was presented to the three older children: questions for mother were presented at mother's home, and questions for father were presented at father's home. {All three children only agreed on one item, namely that mother was much better at solving sibling disagreements. Melissa also gavefather creditfor being a good help with homework, otherwise both older girls continued to see father in a negative light as compared to mother. Daniel's responses were more balanced, but tended to favor father.] ADULT MODELS FOR THE CmLDREN. Minnesota Multiphaisic Personality Inventory-2. All three adults completed this instrument, which, among psychologists, is the most frequently used measure of personality 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. A T-score of 65 (1.5 standard deviations, 90th percentile) on any scale is considered significant. Mother. Kathy's defensiveness with regard to obvious/intentional deception (L62) and subtle/unintentional deception (K61) was at the high end of average. The Pa scale (paranoia) is mildly elevated at T67. Two subsets of items representing persecutory ideas have elevations of T70 and T75 respectively. This is not uncommon in custody cases. Mother's profile is Stecher/CustodyEval!fimmerman 9/30/05 28 consistent with her view that father deliberately does things to make life more difficult for herself and the children. A critical item summary looks like this: I feel anxiety about something or someone almost all the time. I have had periods of days- weeks-months when I couldn't take care of things because I couldn't' get going.' At times my thoughts have raced ahead faster than I could speak them, Admittedly, when I was young I enjoyed using marijuana, and sometimes I stole things, Father. Bart's defensiveness with regard to obviouslintentional deception (L56) and subtlelunintentional deception (K62) was average to high average. The Pd scale, usually interpreted as representing some form of aggressive and anti-authority potential, is marginally elevated, T -62 to T -67, depending on how it is scored. Some pattern of acting out behavior seems to be acknowledged. Father's profile is consistent with his counter-culture past associations and the observations of family members regarding verbal aggression. A critical item summary looks like this: Sometimes I feel that I am about to go to pieces. At times I feel useless and think I am no good at alL I have made a lot of bad mistakes, When young I admit to stealing things sometimes, as well as being sent to the principal and receiving suspension from school. I have been in trouble with the law. I've been in trouble because of my sex behavior. Don Rains. Don's defensiveness with regard to obvious/intentional deception (IA3) and subtle/unintentional deception (K43) measures at the low end of average. His profile forms a V among Hs73, D50 (depression), and Hy69. This pattern represents a denial and repression of depression and other strong emotional symptoms which are then experienced as body symptoms (somatic T79, Health problems T-78, Physical malfunctioning T75, Somatic complaints T91, Neurological symptoms T94, General health concerns TI2). The Pd scale is marginally high at T64, and other scales reinforce the impression of aggressiveness (Antisocial behavior T74, Antisocial Practices T65, Aggressiveness T74, Disconstraint T67, Authority problems T67). A relatively high energy drive is suggested by T65 on Ma. The MAC-R scale, suggesting the potential for problematic drinking, was elevated at T-69. Don Rain's profile is consistent with a past history of aggressive behavior and excessive drinking, and a current history of rather severe medical symptomatology. A critical item summary looks like this: I sometimes feel like I arn about to go to pieces. I feel anxiety about something or someone almost all the time. Life is a strain much of the time, and I've made a lot of bad mistakes. I feel useless, no one cares much, and most of the time I wish I were dead. At times 1 feel like smashing things and have an urge to do something harmful, but I get over it soon. Admittedly when I was young I stole things and was sent to the principal and received school suspension. I have been in trouble with the law. I can easily make people afraid of me and sometimes do for the fun of it. I have used alcohol excessively and have enjoyed using marijuana. (These results suggest that the children wiU be exposed to rather constant suspicion of motive from mother Oustified?) and some type of angry aggressiveness and marginal respect for authority from father. They will see suppressed anger resulting in medical symptoms, and Stecher/CustodyEvalffimmerman 9/30/05 29 probably a daily drink in his hands, with Don Rains. The reader may wish to review the self- report data on substance use at this point. ] Millon Clinical Multiaxial Inventory-I. 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 4-5-6-7 scales almost routinely, but very extreme scores can still be informative. Other elevations are more unusual for a custody population. 1 use the frrst 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. A score of BR 75-84 is considered suggestive and 85 or above is considered characteristic of disordered behavior. Mother. Kathy responded forthrightly to the items. Elevations occurred on scales 4 (BR1 02) and 5 (BR93), which are considered to be measures of histrionic and narcissistic traits. Even though the general population scores high on these scales, these extremes do suggest that behavior involves pursuing strong needs for attention and some tendency to think of oneself as special in a: way that others are not, which is consistent with other data in this report. Father. Bart responded forthrightly to the items. An elevation occurred on scale 7 (BR93) which is considered a measure of compulsive traits. Even though the general population scores high on this scale, the extreme score does suggest that behavior involves rather strong needs for control and order, and an underlying resentment and anger that emerges under stress; this is consistent with other data in this report. Don Rains. Don responded with mild defensiveness. An elevation occurred on Scale 5 (BR78) but no interpretation can be drawn with reasonable confidence. {These results suggest that the children will be exposed to dralrUltic self-centeredness in mother and rigidity mixed with angry outbursts from father. The reader may wish to review the mental health self-report material at this point.] Other Data Sources. Although delusional material and unusual thought content is not necessarily in evidence in normal conversation with these adults, the folIowing information causes one to pause: [I] According to Bart, Kathy referred to his Prozac medication as the "devil' s drug" and the Harley's Logo as the "devil's sign." Kathy's internet poetry (5/13/04) includes the phrasing, "I chose to be me, I see things others do not see, I hear things others do not hear, I know things others do not know...I'm a handmaiden a servant if you will of the Lord's....! am an apostolic prophet with a prophetic mantle...." Explaining her "rapatious1 " Yahoo ID (12/21104), Kathy lists her occupation as, "the art of evil." [2] Bart has indicated to others that he was/is engaged in preparation for ministry through his church. Don Rains writes, "I spoke with Pastor Dave Hess about Bart saying that his church was mentoring him to be a preacher. This is the farthest thing from the truth." Kathy verbalized the Stecher/CustodyEvallTimmerman 9/30/05 30 same. Kathy said that part of Bart's harassment when coming to their door would be statements like, "You're surrounded by darkness and principalities." [3] Kathy expresses concern about Bart's internet pornography preoccupation, the staged photograph of sexual violence with his girlfriend, and the possible visitation of pornography sites when the children were present. Week-end visitation of pornography sites was recorded as follows: 2004: Sat. Aug. 21, 3:58AM; Sat Aug 29, 3:51PM; Sun. Oct 10, 6:58AM; Sat. Oct. 16, 8:29PM; Sat., Oct 23, 10: l7PM. But it is not clear that the children were exposed to inappropriate materiaL One would think that Melissa, even Annely, woul.d have mentioned that it were so. Father did acknowledge to me that he accessed pornography on the internet. When the children were present he acknowledged accessing sites with movie stars from the past, like M. Monroe, consistent with his antiquing interests, where the most extreme material was swim suit pictures. The material provided by mother does suggest a preoccupation (See the Surnrnary of Collateral Data). Common sense tells one, of course, that confusing images are planted in a child's mind, which will have to dealt with, but there is little research on parenting and pornography: (a) In one study, only 6% of the youth reported "serious distress" to unwanted exposure, but "...74% said that they thought that adults should be very or extremely concerned about the problem of young people being exposed to sexual material on the internet," (Mitchell, Finkelhor, and Wolak. "The exposure of youth to unwanted sexual material on the internet." Youth and Society, 2003, 34:3, p. 350-351). (b) In a literature review, we find the statement, "Exposure to nonviolent pornography does not appear to have a significant impact on negative attitudes towards women and sex crimes. The association between violent pornography and sexual aggression is less clear....." (Bow, Bailey, Jr., and Samet. "Forensic evaluation of internet sexual activity." Journal of Forensic Psychology Practice, 2005,5:2, p. 21.). {This material suggests that the children are exposed by both parents to confusion, judgmentalism, and extremism in matters of religion. There is probably some sense in which they are exposed insensitively to sexualized images of women infather's home. See also the Unstructured Observation section of this report.} Inventory of Interpersonal Problems. Each parent responded to these statements based on hislher perception of their own relationship. The norms are taken from the general population. T70 represents an elevation at the 98th percentile. Mother. Kathy's profile suggests a dismissive relationship with Bart. She reports herself to be vindictive (T -91), cold (T89), socially inhibited (T87), and unassertive (T87), at the same time desiring dominance in the relationship (T71). Vindictive plus unassertive suggests a passive/ aggressive approach to dominance in the relationship. There appears to be some internal discomfort (T63) with this state of affairs. Father. Bart's profile suggests a dependent relationship with Kathy. He reports himself to be unassertive (T70), overly accommodating (T85), and self-sacrificing (T -71) in the relationship. Stecher/CustodyEvaI!fimmerman 9/30/05 31 There is substantial internal discomfort with over accommodation (Tn), and this could easily represent the frustration and emotional outbursts that have been mentioned. {These results suggest that the children will view a father who, though separated physically, is unable to separate emotionally from their mother and is constantly resentful that all of his efforts to be the self-sacriflcing good guy are not rewarded. They see a combination of angrylfearful behavior from mother which nwtivates her to manipulate a dominant position.} TOOLS SUGGESTIVE OF PARENTING ABILITY. Pre-Separation Parenting Questionnaire. Both parents responded to 50 items of parenting behavior ranging from preparation of meals to demonstrating love with words and actions to attending school conferences to providing reliable information about sex. The responses of each parent indicated who helshe deemed to be the one who took primary responsibility in each area "Both" was also a possible response. Mother. Kathy viewed herself as at least equally responsible for 96% of the behaviors and Bart as at least equally responsible for 34% of the behaviors. This is a fairly typical pattern in custody cases, with mother's score for herself a little on the high side. The scores are consistent with her attitude toward father on the lIP. The parents agreed that Kathy handled primary responsibility in the following areas: plarming meals, preparing meals, purchasing clothes, cleaning clothes, being present when the child awakened, and arranging for a child to see friends on non-school time. Father. Bart viewed himself as at least equally responsible for 90% of the behaviors and Kathy as at least equally responsible for 92% of the behaviors. This is a generous appraisal of the partner for a custody case, with the scores for self being on the high side. The scores are consistent with his attitude toward mother on the lIP. The parents agreed that father handled primary responsibility in the following areas: played outside games with the children, Kathy also credited Bart with arranging for group activities for the children, like band, scouts, etc. Both. The parents agreed that both were equally involved in the following areas: changing diapers, making ilIness visits to the doctor, handling emergencies, providing comfort and reassurance, handling problems between siblings, talking with a child about a problem, talking with a child about everyday experience, providing transportation, attending the children's community functions, getting up with a child in the middle of the night, being reliable in keeping appointments, helping with homework, disciplining a child for bad behavior, and teaching the child about loving relationships. [The estimates of participation are generous for both parents. As custody cases go,father's scores for mother are influenced by his inability to let go of the rela/klnship.} Parenting Behavior Rating Scale. Stecher/CustodyEvalrrimmerrnan 9/30/05 32 This instrument was formulated by the evaluator and consists of 30 scenarios where the parent responds to child behavior with a judgment/decision. The parent response is rated poor-fair- good-excellent along a scale from 1 to 7. The ratings of the custody adults are compared to the ratings 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 1/ good-excellent. In a group of 50 cases, when the parent with a higher Total score was selected as the preferred parent, there was an average score difference between the parents of .21 as compared to.13 when the parent with the lower score was selected. The following scores are calculated: 30-item, Flexibility (5-items), Caution (4-items), Gentle Discipline (4-items), 13-ltem FCG, Total: 30-Item + 13-Item. To illustrate how the instrument works, here are two scenarios from this evaluation: [1] Kathy, Bart, and Don all agreed that the following represented poor to fair parenting: The parents permit 14yr old Mary to go to a 7PM movie with 16yr old Bob, provided Mary comes home right after the movie. The children are considered responsible, and they use Bob's car. [2] Kathy, Bart, and Don all agreed that the following represented good to excellent 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. Adult Mother Father Don Rains 30-Item .80 .70 .83 Flexibilitv .60 .40 1.00 Caution 1.00 .50 .75 Discioline 1.00 ,50 .20 FCD .85 .46 .69 Total 1.65 1.16 1.52 The average 30-Item score range is .60 to .80, and the average Total score range is 1.30 to 1.70. [Mother's overall score falls in the average range andfather's in the below average range.! Questionable Behavior. Father. 12/11/04. No letter head. Dispatch Comments Inquire: ". ...Timmerman called for the police that he was having problems with his daughter stealing personal items from him and how his step-daughter, Jami Hargreaves, was at his place causing problems.. ...one of his daughters stole his notebook that he was keeping that had items in it against his wife. Both daughters claimed they did not take it.. . .." Father. The following phrasing is taken from the Child Perception of Parent section of this report: "It's pretty obvious that Daniel is following father's lead with regard to comments about the custody arrangement and about Don Rains and mother.. .Again we have a case where the child (Abigail) seems to be repeating statements made by father about mother and Don Rains. These may in part be the source offearfulness, bedwetting, and aggressiveness (mentioned earlier) at mother's home." Stecher/CustodyEvallTimmerman 9/30/05 33 Mother. The following phrasing is taken from the Observation: Unstructured section of this report: "When Anne1y was the subject of conversation (in mother's home), more than one time the adjective "lazy" was used to describe her approach to school obligations." Mother. A summary of collateral documents, indicators in the child interviews, and observations suggest that mother has a weakness in the area of structured activity: for example, school attendance and homework, parent/child designed activities. OBSERVATIONS SUGGESTIVE OF PARENTING ABILITY Unstructured. Mother's Home. Annely wasn't feeling well and lay on the sofa in the living room during most of my visit. Melissa also wasn't feeling well but wasn't quite as lethargic. There was a considerable amount of relaxed chatting between the children and the adult that wasn't presently occupied with the evaluator. During adult paperwork and interviews the children entertained themselves without disruption. Daniel and Abigail watched cartoons, played videos, or went out back to swing, toss a saucer disc, etc. When Annely was the subject of conversation, more than one time the adjective "lazy" was used to describe her approach to school obligations. There was much more sympathy for Melissa's learning disability condition. Also, the unusual comment was made by mother when I observed that she and the children could play something while I was otherwise involved, "We're not like that here," meaning I think that the family is not activity oriented. About 2:30PM the children began asking about lunch, The family ate about 3: lSPM (chicken fmgers). Don Rains smoked at the table during the Ungame activity. Father's Home. Both before the evaluation started and after it was completed, father engaged the evaluator in lengthy conversation outdoors, putting his own behavior in a very positive light, criticizing mother, and attempting I think to get a read on whether or not he would be favored in a recommendation, thus making the evaluation worth the outlay of his money. His goal was further to convince me of mother's manipulative behavior and his helplessness in the face of it. He claimed not to understand his wife's hostility and attempted to evoke sympathy for his positions. He became tearful at one point in his interview when he described how he cleaned up his wife's wedding dress hoping for a reconciliation and at another time when he said that he didn't have pictures of Kathy in the home "because it hurts." Pictures of the two older girls are placed into a frame with an early Marilyn Monroe picture above the kitchen table. There was a filled ashtray, but during my visit father made quite a few trips outside to smoke. At about IPM the older girls are carrying-on and horsing-around on the sofa, laughing, joking, just enjoying each other. At that time Abigail had been napping for about an hour. The older girls and Daniel moved into playing video games. At a point in time both older girls spent some time (say twenty minutes) in positive interaction with their father in the kitchen. Annely was spontaneously playful with her father, putting some type of decoration in his hair. (How pure her motives were, I'm not sure, since she asked him for money to go roller skating during the Ungame and again just before I left, and became visibly upset when he didn't say 'yes' right away.) Abigail woke up and came out to sit on her father's lap and got an orange juice. She remained on father's lap for quite awhile. Melissa fell asleep on the sofa, and Daniel and Annely played videos. Stecher/CustodyEvallTimmerman 9/30/05 34 [Father engaged in rather extensive one-to-one behavior which was designed to influence the evaluator in his direction. Father was not forthright about indoor smoking behavior. One wonders about placing his daughter's pictures with a woman who was the popular symbol of female sexuality for a generation. True to mother's previous comments, there was no set lunch time at mother's home. Mother used a term which tends to place all of the responsibility on Annely for her poor school motivation. Observed interaction was positive in both homes. The ability to self-entertain was adequate in both homes. The possibility of manipulations by the children only arose atfather's home.} Structured. Mother's Home. The family engaged in a non-competitive conversation activity called the Ungame. Melissa sat by her mother, and Abigail sat on her mother's lap and participated somewhat disruptively, with mother's full attention. Don and Daniel sat next to each other with smiling positive interaction and conversation. Daniel would frequently interrupt and go out of turn with only minimal response from mother. He was in a winllose mind set. She did put her foot down when he tried to stop playing the game early. Later Annely joined the group, and continued to feel ilL Don smoked at the table with everyone present. In response to game cards, Kathy recalled the challenge of reading Green Eggs and Ham as a child. She also liked Captain Kangaroo when yotmg. She asked Daniel what he wanted to be when he grew up, and the answer was "a cop." She further thought that being a foreign language interpreter would be very interesting work. She would like to live in the mountains of Tennessee, and Abigail thought that was a good idea. Melissa remembered getting a big Mickey Mouse and an alarm clock as gifts. She identified a new discovery as driving. She said that she turns to her mother if she needs comforting about something. She further offered that she's "on the computer 2417 with friends." Daniel responded to a question from Don and said that he had fun at a baseball game. He denied ever having nightmares. Annely offered that she wanted to "live far away." Father's Home. The family engaged in a non-competitive conversation activity called tlle Ungame. Daniel and Annely sat on one side of the table and father and Abigail on the other, while on the sofa to the rear Melissa slept through the activity. As at mother's, Daniel reached a point of losing attention and interest, saying, "I'm done," but father was successful in insisting on his participation. Multiple times, Abigail emphasized that she wanted father to be the one to read her game card. Throughout the course of the game father redirected Daniel and Abigail to maintain their attention. Daniel, as at mother's, was in a win/lose mind set, and Annely reminded him, "There's no end." He was at least mildly disruptive and distracted during the game, being unable to repeat what someone else had just said. He and Abigail argued over whether Abby was sad or mad if she wasn't allowed to watch a movie. Annely and Daniel both used the word "home" several times to mean their mother's residence. In response to game cards, Bart said that he didn't mind getting old, but he'll have to give up cigarettes to have good health. He described his bedroom as "organized clutter." He defined broken-hearted as being "sad and hurt inside." He reassured the children that he wasn't the one to call C& Y when they were in Altoona. He said to them, "I just love you all very much. You make me very happy." He told them that he still feels guilty about breaking up with their Stecher/CustodyEvallTimmerman 9/30/05 35 mother. He said that his father was the biggest influence in his life, "He taught me the right thing to do." He responded to Abigail's question about what he does after work. In response to Daniel, he recalled the death of his pop pop, whom he remembered from age 11, and who was a war hero with T, Roosevelt. Annelv asked her siblings what they plarmed to do when they get "home." The answer was play video games. Her plans are to go to the Fountain Bleu skating rink, but she needs money from father. She admitted to jumping up and down and yelling when not being allowed to buy something. Father added, "slam the bathroom door, too." She recalled getting the flu at age 3 and hating it. Abigail said that she sometimes cries when she misses her father. She indicated that she had a secret, something she wanted to do, and she could only tell her father. She had a question about what was done in church and "eating the cracker," and father provided an explanation about prayer and Jesus' blood and body. If Abigail wrote a book it would be called, "Daddy loves Abby." Daniel at first denied ever having hurt feelings, but then he admitted that he hurt "When pop pop died," (Kathy's father). He said that he wanted to be an "army guy" when he grows up. fBoth Annely and Daniel referred to mother's residence as "home." There was no elJidence of a rift in the relationship between Daniel and Don. Melissa did not participate atfather's home. There were times in this game when father said things that placed himself in a favorable light to the children, but he didn't criticize mother. He also was not afraid to address emotional matters. Both parents set boundaries, butfather was firmer and more consistent, thus increasing the quality of the questions and responses and the younger children's participation, especially Abigail Unusually for him, Daniel acknowledged a sad hurtfeeling when interacting withfather.J SUMMARY IN CHART FORM The following chart lists indicators of parenting from indirect to direct and subjective to objective forms. After each category or subcategory an "X" represents the preferred parent regarding the best interests of the child according to the available data A (-) is an indicator that neither parent is preferred, or that there is a particular deficiency within a catergory, or that a parent partner significantly detracts from the parent's ability to perform a particular function. A (+) indicates that a parent partner improves functioning significantly. The same information in more detailed form can be obtained by re-reading the bold-printed italicized sections of this report. Catee:orv Mother Father Mr. Rains 01. Residence X X(-) 02. Personal History Self-Report Family of origin EmploymentlEducation Interests/socialization Substance use X X X X X(-) X(-) Stecher/CustodyEvallTimmerman 9/30/05 36 Cateeorv Mother Father Mr. Rains Civil and Criminal X Mental Health issues X(-) X(-) Physical Health issues X X (-) 03. Self-Report of Parenting Description of Melissa X X(-) (+) Description of Annely X(-) X(-) (+) Description of Daniel X X(-) (+) Description of Abigail X X(-) (+) Future Plan: Melissa X X (+) Future Plan: Annely X(-) X(-) (+) Future Plan: Daniel X X (+) Future Plan: Abigail X X (+) Discipline/Boundary Setting X(-) X(-) Typical Day X(-) X 04. Child Perception of Parent Interview: Melissa X(-) (+) Interview: Annely X(-) (+) Interview: Daniel X X(-) (-) Interview: Abigail X X(-) (-) Drawings: Melissa X Drawings: Annely X Drawings: Daniel X X Drawings: Abigail X X Bricklin: Melissa X(-) Bricklin: Annely X(-) Bricklin: Daniel X(-) 05. Adult Behavioral Model MMPI-2 X X(-) MCMI-1 X(-) X(-) (+) Other Data Sources (-) (-) Pornography X (-) Interpersonal Problems (lIP) (-) (-) 06. Measures of Parenting Pre-parenting questionnaire X X Parenting scenario ratings X Reported behavior examples X(-) X(-) Stecher/CustodyEval/Timmerman 9/30/05 37 Catel!Orv 07. Unstructured Observations Approach to the evaluator Honesty about smoking practice Sexualized female images Child manipulation of parent Parent-child interaction Ability to self-entertain Mutual activity orientation 08. Structured Observations Child participation Positive relationship for Daniel Perceived location of "home" Openness to emotional material Prompting emotion in child Firmness and consistency Increasing child responses 09. Endangerment Smoking around the children CONCLUSIONS Mother Father Mr. Rains x X X X X X + X(-) X X X(-) X(-) + X X X X X X (-) (-) [1] Mother has some edge as the preferred parent under the categories that are more direct and more objective indicators of parenting. [2] Domestic Relations, Title 23, Chapter 53, para. 5303 (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 noncustodial 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.L1090, NO.218), known as the Protection From Abuse Act. Regarding Title 23, Chapter 53 and matters of endangerrnent, there should be a directive in any custody order not to smoke on the inside of the children's residence or in their proximity. (e.g., "Early tobacco smoke exposure raises adult Asthma risk." American Journal of Respiratory Critical Care Medicine, 2005, 172:61-66.) Regarding a cooperative custody arrangement, both parents are capable of supporting the other parents' time with the children. [3] Although mother overall is the preferred primary parent, as she has built good relationships with all of the children, she appears to have a weakness in structuring an environment, particularly with regard to a history of marginal school attendance by all the children, and more specifically in motivating Annely to do homework. Therefore, I'm looking for a way to involve father who is likely to be a more positive influence in these areas. He said to me regarding homework, "Homework should be done after school pretty much... .relax a little bit at first. Stecher/CustodyEvalffimmerman 9/30/05 38 Annely, I think needs more interaction. .. .I'm not sure how to re-interest her in school." It is noteworthy that both parents expressed support for Annely to be around horses again, and maybe that would help with motivation. RECOMMENDATIONS. [1] Joint legal custody. [2] Primary residential custody to mother. [3] Partial residential custody to father. (a) After school until father leaves for work each week-day evening. (b) Three offour week-ends, Saturday to Sunday or Monday evening. (c) Melissa determines her own schedule one week-end per month. (d) Shared holiday time, (e) Two weeks summer vacation time. [4] A written agreement by all parties to not smoke in the child's residence or in the child's proximity when exercising custody. [5] A written agreement from father not to access pornography when exercising custody, [6] Transportation shared equally, including making sure that the children get to father's home promptly after school. [7] Consultation with a family counselor/child development specialist to develop a plan for helping Annely to realize her school potential. ~~-J/. ~ Eug e H. Stecher, M.A, Licensed Psychologist Custody Evaluator cc. Shane B. Kope, Esq. Jan S. Barnett, Esq. Stecher/CustodyEval/Timmerrnan 9/30/05 39 EXHIBIT E IAN S. BARNETT, ESQUIRE Counselor at Law 692 Mal'ket StI'eet Lenaoyne, PA 17043 (717) 612-9375 (717) 612-9376 Facsimile Harrisburglaw@comcast.net November 2, 2005 VIA FACSIMILE ONLY: (717)761-7572 Shane B. Kope, Esquire 4660 Trind1e Road Camp Hill, PAl 70 II RE: Bart and Kathy Timmerman P ACSES Case No.: 130102178 Dear Shane: As you know, Ms, Timmerman has recently started full-time employment. As we discussed this morning, she wi11.only learn her schedule on Fridays for the following week from Sunday through Saturday. This coming Saturday, she is scheduled to work from 7:00 a.m. through 3:00 p.m. Obviously, there must be some accommodation in order for Mr. Timmerman to receive his children this weekend. Mr. Timmerman may either pick up the children from Ms. Timmerman's residence at the appointed time, or ifhe prefers, Ms. Timmerman will deliver them after 3:00 p.m. on Saturday. This Friday, I will apprise you of Ms. Timmerman's schedule for Sunday, November 6 and Saturday, November 12, 2005, so that alternate arrangements may be made, if necessary. I truly appreciate your, and your client's, cooperation in this regard. Please call with any questions or concerns; otherwise, I will give you a call on Friday. Sincerely, By:J~~<<t JSBI Cc: Kathy Timmerman JAN S. BARNETT I ESQUIRE CoUftse/or at Law 692 Mal'ket Sbeet Lemoya.e, PA 17043 (717) 612-9375 (717) 612-9376 Facsimile Harris burglaw@comcast.net November 7, 2005 VIA D.S, MAIL & FACSIMILE: (717) 761-7572 Shane B. Kope, Esquire 4660 TrindIe Road Camp Hill, PA 17011 RE: Bart and Kathy Timmerman PACSES Case No.: 130102178 Dear Shane: Due to Ms. Timmerman's work schedule, she is able to deliver the children to Mr, Timmennan's residence this coming Saturday at 10:00 a.m. In the alternative, Mr. Timmennan may pick up the children at 11 :00 a.m. at Ms. Timmerman's residence. Again, on Friday, November 11,2005, I will get a message to you to relay to Mr. Timmerman regarding accommodations that may be arranged for the transfer of the children this coming Sunday, November 13, 2005. I apologize for not relaying that information last Friday; however, I was unexpectedly calIed out of tile office and was unable to relay the Sunday schedule to you by the end of business on Friday. If you will kindly confer with Mr. Timmelman and advise me as to what his preference is for the transfer of the children this Saturday, I will relay that information to Ms. Timmerman. If I do not hear from you, I will instruct Ms. Timmerman to deliver the children at 10:00 a.m. on Saturday, wait for 15 minutes if necessary to ensure that her children have been safely transferred and, if not, to leave with the children with pre- arranged plans in place for their safety and well-being during her workday, as well as the rest of the weekend. Sincerely, BY#,^~ . Barnett JSB/ Cc: Kathy Timmerman ~1Ull'Bl'{ f THE LAW OFFICE OF SHANE B. KOPE Attorney and Counselor at Law 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 November 9, 2005 Jan S. Barnett, Esquire 692 Market Street Lemoyne, Pa. 17043 RE: Timmerman v. Timmerman 04-3708 Dear Attorney Barnett: This letter is a follow-up to my voice mail message from November ih, 2005. Mr. Timmerman has not been and is not cooperating with the proposal of transferring the children in your letter dated November 2, 2005. Mr. Timmerman has never agreed to cooperate with the plan. As I explained to you in prior conversations, I would get back to you regarding this and since I did not you assumed that Mr. Timmerman agreed. Mr. Timmerman wants the current custody order followed. Ms. Timmerman is to drop off and pick up the children on the scheduled days and at the scheduled times. Mr. Timmerman feels this way because this new schedule is being demanded of him and he is not willing to cooperate. You can certainly file an Emergency Petition to modify the existing custody order. This decision is not based on my assessment of the situation but on the assessment of Mr. Timmerman. Sorry for any inconvenience this may have on your client. Very Truly Yours, L I3ji~(k/JI/0 Shane B. Kope SBKljaw Phone: 717761.7573 . Fax: 717.761.7572 . E-mail: sbkope@comcast.net . Web: www.kopelaw.com CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy ofthe foregoing document was served upon all counsel of record this lef;, day o(~Z'--</x.!,.{?, - 2005, by depositing said copy in the United States Mail at Lemoyne, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Attorney for Bart Timmerman By '!fl" -p"~A..f .fiin . Barnett A:J \.::) ~ ~ 1 c:; - ~ \) n r"-,' --..z ,..--, 0 .,'.) ~ () '..'t -n --- C> p:! . ; ~ '-. ) -~-1 ~ .' ) ( ) -n c (.') ) --< <...'-~ .-< BART TIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-3708 CIVIL KATHY ANN TIMMERMAN, Defendant IN CUSTODY IN RE: EMERGENCY APPLICATION FOR SPECIAL RELIEF ORDER AND NOW, this z. :r' day of November, 2005, a rule is issued on the plaintiff to show cause why the order of September 20, 2004, ought not to be modified in the manner proposed. Pending same, the plaintiff, Bart Timmerman, shall transport the children for the periods of partial custody granted to him. This rule returnable twenty (20) days after service. The request of the defendant for counsel fees is DENIED. BY THE COURT, :rJm 4i ~hane B. Kope, Esquire For the Plaintiff -1 vfan Barnet, Esquire For the Defendant 2DGS .-,.) Cv ; l .,): ..;..; (' v.e THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Plaintiff BART TIMMERMAN Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3708 KATHY ANN TIMMERMAN Defendant, CIVIL ACTION - LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, comes Plaintiff Bart Timmerman, by and through his attorney Shane B. Kope, Esquire, and files the foregoing Rule to Show Cause why the Order that it issued in this matter on September 20, 2004 ought not to be modified in the manner proposed by Defendant's Emergency Application for Special Relief and in support of said Petition states as follows: 1. Plaintiff, ("Father"), and Defendant, ("Mother") are presently married but were separated in November 1999. 2. Mother and Father have four minor children: Abagale, (D.O.B. January 27, 1999), Daniel, (D.O.B. December 4, 1996), Annely, (D.O.B. May 13, 1991), and Melissa (D.O.B. December 11, 1988). 3. An Order dated September 20, 2004, was entered governing custody of the minor children. The Order provides that the Mother shall provide transportation incident to Father's periods of custody. 4. Father's periods of custody are every weekend from Friday morning at 11 :00 a.m. until Sunday evening at 6:00 p.m. 5. The parties to the Order have understood that Father's periods of custody shall begin at 11 :00 a.m. on Saturday mornings rather than Friday mornings, due to Father's employment and the fact that the children are in school. 6. Mother filed an Emergency Application for Special Relief Pursuant to Pa.R.C.P. 1915.13 requesting modification to the September 20, 2004 Order, specifically the provisions regarding transportation of the children during Father's periods of custody. She is requesting that the Father be responsible for the transportation of the children during his periods of custody. 7. The Mother is requesting this modification to the transportation provisions of the September 20, 2004 Order to accommodate her employment schedule that requires her attendance on Saturdays. 8. Although it is admitted that Mother does have to work on Saturdays and Sundays, she does not have to work every Saturday and Sunday. 9. So while Father realizes that Mother cannot handle all of the transportation of the children to and from his periods of custody, she should be required to share in this responsibility so as to not unduly burden Father with all transportation responsibilities. 10. Father, therefore, respectfully requests that the responsibility of transporting the children to and from his periods of custody be shared based on the Mother's work schedule in that she share in this responsibility as she is able; specifically, during the times she does not have to work. For instance: if Mother does not start work until 1 :00 p.m. on a Saturday, (or is scheduled off the entire day), she will agree to transport the children to Father's house that day; Father, in turn/will drop the children off at Mother's the following Sunday, and so on. These arrangements should be mutually agreed upon as soon as Mother notifies Father of her work schedule. WHEREFORE, Father, Bart Timmerman, respectfully requests that this Court enter an Order denying Mother's, Kathy Timmerman's proposed Order on her Emergency Application for Special Relief (which is the temporary Oder now in effect) and enter an Order modifying the transportation provisions of the Order dated September 20, 2004 to shared transportation of the children to and from his periods of custody. Respectfully Submitted, THE LAW OFFICES OF SHANE B. KOPE ~2S...-; .._~.-?'""- By: Sha 0 esquire Date: !:. - '1-{).J~ CERTIFICATE OF SERVICE I, Julie Wehnert, of The Law Offices of Shane B. Kope, hereby certify that on December 13, 2005, I served a copy of the foregoing Rule to Show Cause by both facsimile and depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Jan S. Barnett, Esquire 692 Market Street Lemoyne, Pa. 17043 Attorney for Defendant THE LAW OFFICES OF SHANE B. KOPE -i,~& itldvu--f- Julie Wehnert 4000 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D.92207 ,) -~ ., , " " - BART TIMMERMAN, Plaintiff V. KATHY ANN TIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-3708 CIVIL TERM IN CUSTODY IN RE: REMARKS MADE AFTER COMPLETION OF TESTIMONY APPEARANCES: SHANE KOPE, Esquire For the Plaintiff JAN S. BARNETT, Esquire For the Defendant Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, October 28, 2005, in Courtroom Number 4. ss:! p -, ! /f' c "7 (, ) .. \i'.1 ~ 1 THE COURT: Now, what are the positions of 2 the parties with respect to custody? Mr. Kope's 3 memo -- well, the father apparently before the conciliator 4 had sought primary custody himself but appears now to be 5 content with the preservation of the status quo. 6 MR. KOPE: That's correct, Your Honor. We 7 had touched upon it. Defense counsel and I had discussed 8 that, about there being another agreement just to keep the 9 status quo. It seems to be working well with my client. He 10 has his work obligations he has come to realize his work 11 obligations have become more demanding. And to try to see 12 the children on a primary custody or a sole custody basis is 13 not only impossible, he is no longer as dissatisfied with 14 the custody arrangements as he was at one point. He feels 15 that him and his wife are communicating 16 THE COURT: Well, moving back to Wormleysburg 17 has obviously helped the situation immensely. 18 MR. KOPE: It has helped the situation. And 19 he has agreed to keep the status quo. And he felt that 20 before the recent breaks in negotiations that him and his 21 wife were getting along better. So we would be satisfied 22 with the status quo. I believe the wife is not. 23 THE COURT: And, Mrs. Timmerman, had you 24 filed a petition of any kind seeking modification? 25 MS. BARNETT: Yes, Your Honor, we did. We 2 1 initially sought to have sole custody placed in Mrs. 2 Timmerman, and that put everybody's petition for a 3 conciliation conference 4 THE COURT: Sole custody -- you mean sole 5 legal custody? She has primary physical custody now. 6 MS. BARNETT: She has primary, yes, but they 7 wanted sole custody. THE COURT: MS. BARNETT: THE COURT: MS. BARNETT: THE COURT: MS. BARNETT: 14 conciliation, which occurred. And as part of that 15 conciliation it was ordered that the parties undergo for the 16 first time a custody evaluation -- 17 THE COURT: I saw that, and that's the next 18 thing I was going to ask about. Eugene Stecher? 19 MS. BARNETT: Yes. 20 THE COURT: And what happened there? 21 MS. BARNETT: That evaluation disclosed a lot 22 of frightful things from Mrs. Timmerman's perspective. For 23 the first time Mr. Timmerman's medical mental health records 24 to some extent, not completely, were disclosed. They were 25 commented on by Mr. Stecher in a fright'oning way. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mrs. Timmerman is here today to ask that the Court allow partial visitation with Mr. Timmerman under a supervised basis. In the meantime though, it is Mrs. Timmerman's position that Mr. Timmerman needs for the first time to be psychologically evaluated in light of his rather recent past. THE COURT: MS. BARNETT: Is Mr. Stecher here today? He is not here, not at my behest. THE COURT: But he would be offering the testimony upon which your request is based. MS. BARNETT: My request would be based upon his report, which I understand is part of the record. THE COURT: I have never seen it. MS. BARNETT: It was provided to the Court, I do believe, within twenty-eight days of the Court's hearing. THE COURT: It could be --- MS. BARNETT: And it was also attached to Mrs. Timmerman's pre-hearing memo on custody. available to the Court -- It is THE COURT: Well, I will have to study it and determine what to do then. Do you agree I am in receipt of a report or should be, Mr. Kope? MR. KOPE: Yes. I do agree with that. THE COURT: Well, then I will have to find it 4 1 and look at it. 2 MS. BARNETT: I have an extra copy right now. 3 THE COURT: I am sure if it was forwarded to 4 me, I at some point received it. 5 MR. KOPE: Your Honor, and that was really 6 the contention of the motion for a continuance here today. 7 Just that I thought it would be best to have Mr. Stecher 8 here to comment on his evaluation. But it is our position 9 that the custody evaluation is in a sense a psychological 10 evaluation of both parents, at least in their capacity to 11 parent these children. 12 THE COURT: Well, had there been an agreement 13 that I would make a decision based on a report? 14 MR. KOPE: No. 15 THE COURT: That's highly unusual. 16 MR. KOPE: No. We did not agree to that. I 17 initially wanted Mr. Stecher here just to comment on his 18 report. 19 THE COURT: Well, is the~e some agreement 20 that I ought to hear from Mr. Stecher in person? In which 21 case, I will continue this, to hopefully a soon date, I will 22 review the report, of course, in the meantime, to get a 23 sense of whether there is an emergency or not. I need to do 24 that. But it seems to me there ought to be an opportunity 25 to cross-examine this witness. Are we in general agreement 5 1 2 3 about that? MS. BARNETT: We can reach an agreement on that, sure. 4 THE COURT: Well, then that's what I will do. 5 I will study the report. I will then have my office contact 6 both counsel as to where to go next. 7 MS. BARNETT: Okay. 8 THE COURT: In the meantime we will keep the 9 order in effect. And I will hear closing arguments on it. 10 Anything that either of you want to say on the contempt 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 matter? MS. BARNETT: Closing argument-wise or... MR. KOPE: As far as testimony is concerned, no, Your Honor, there is nothing else to add. THE COURT: Any comment? MS. BARNETT: If Your Honor is going to take closing arguments -- I didn't understand the Court. THE COURT: I will hear some closing arguments on the contempt, though I kno\; what I am going to do anyhow. MS. BARNETT: Okay. I will go THE COURT: Never mind. Let's cut to the chase. I won't waste your time and don't waste mine. There might not have been compliance, quote, to a tee, unquote. But we don't cut these contempt matters that close. The 6 1 question is whether she has made a good faith effort, or 2 more particularly whether she has acted in bad faith, in 3 willful and deliberate defiance of my order. And she has 4 clearly not done that. 5 And Now, this date, the pending motion for 6 contempt is dismissed. Now, let's move on in this case then 7 to more important matters, and that is what is the best 8 interests of these four children. I assume that at a 9 continued hearing the children will be here? 10 MS. BARNETT: Your Honor, I had inquired 11 about the children's availability even today. And, of 12 course, there is a lot of concern about having the two 13 youngest, the six and the eight year old here. The oldest 14 is here today. She is sixteen. The fourteen year old was 15 specifically asked by mom and me if she would be willing to 16 come to the court and speak with the Judge, even just in 17 private, and she is certainly very unconfortable with that. 18 If the Court insists upon it, I will do my best to get the 19 children here, just so the Court can have some time with 20 them. 21 THE COURT: Well, I don't want to force them 22 to do anything that's going to be harmful or traumatic. On 23 the other hand, it is highly unusual for a Judge to make a 24 custody decision involving a family of children without at 25 least speaking to them. 7 1 MS. BARNETT: Would you s':rongly encourage 2 that the children come, because with Melissa sitting in the 3 back I think it might be helpful? 4 THE COURT: I think so. The children need 5 to be reassured that I am not going to force them to pick 6 between their parents, or, I mean the decision in a custody 7 case is mine and not theirs. And I realize they feel caught 8 in the middle, but they shouldn't feel that way. I need to 9 see who these kids are and what they look like, whose lives 10 I am affecting. And that's all. 11 I want to ask them about their school and 12 their hobbies and what they do with dad and what they do 13 with mom and what their activities are. And if they do have 14 some special concerns, I will be happy to let them share 15 them with me. If they would rather not, they don't have to. 16 I just want to assure the kids that I don't think that there 17 would be anything burdensome to them or embarrassing to them 18 about speaking to me. 19 If counsel decide they don't want to be 20 present, I mean, you have a right to be present. But if you 21 can reach an agreement not to be present, and I could talk 22 to the kids alone, that also may be something to alleviate 23 their concerns. 24 MS. BARNETT: I would be wholly agreeable to 25 that, if Mr. Kope would be. We could reach an agreement on 8 1 the record and get it over with. So at least when I speak 2 with the kids or speak to mom, I can have that 3 THE COURT: Children very often feel more 4 comfortable when they are in without the lawyers present, 5 however you want to proceed. 6 MR. KOPE: Your Honor, we would be in 7 agreement with that as long as it is in agreement that if 8 you speak to one, we would like you to speak to them all, 9 not just a select. 10 THE COURT: Sure. Well, the youngest is in 11 kindergarten? 12 MS. BARNETT: First grade. 13 THE COURT: Okay. So the most she is going 14 to tell me is that her favorite activity is recess, which is 15 what they all say. Okay. Well, maybe Melissa can help ease 16 the fears of her siblings. And she can assure them that I 17 don't have two heads and that I am not a mean guy. And that 18 I will talk with the kids without the presence of counsel. 19 So that will be helpful. 20 All right. We will enter this order, And 21 Now, this date, actually I am going to treat it as your 22 request for a continuance, Mr. Kope, the request of the 23 plaintiff for a continued hearing is granted to give the 24 parties the opportunity to adduce testi~ony at a continued 25 hearing of Eugene Stecher. At any continued hearing it is 9 1 the hope of the Court to be able to speak with the children, 2 and counsel have agreed that they need not be present during 3 said interviews. 4 (End of proceedings) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. ~~_\J.kJ~ Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. 1>-.-w- 2<> z.-;.f Date ~qJ A. Hess, J. Judicial District 11 BART TIMMERMAN, Plaintiff V. KATHY ANN TIMMERMAN, Defendant IN RE: IN THE COORT OF COMMON PLEAS OF COMBERLAND COUNTY, PENNSYLVANIA IN CUSTODY NO. 04-3708 CIVIL TERM TRANSPORTATION ORDER OF COURT AND NOW, this 13th day of January, 2006, the existing custody order in this case is modified to provide that the party obtaining custody will provide the transportation. vShane B. Kope, Esquire For the Plaintiff ~n S. Barnett, Esquire For the Defendant :lfh By the Court, pJ Hess, J. ~ . ~ (/)~t) l~'V . , ..", ,. 1=: BART TIMMERMAN. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-3708 CIVIL KATHY ANN TIMMERMAN, Defendant IN CUSTODY IN RE: MODIFICATION OF CUSTODY ORDER AND NOW, this '1.-1 day of February, 2006, following hearing and review of post- hearing submissions, the motions of the parties to modify custody order are DENIED. The order of September 20,2004, as modified January 13, 2006, shall remain in full force and effect. The parties are again invited to consult with each other concerning a schedule whereby the mother may have some weekend time. In the event the parties cannot reach an agreement, they are invited to submit to the court their respective proposals in that regard. BY THE COURT, ~ane B. Kope, Esquire For the Plaintiff Alw :r\m _olP ('}--- O('~ 0 ~ Barnet, Esquire For the Defendant ~ ." /\!i" "'-:','.1:":..... " "J ijl) .r? II f ,(. 1.";<:1 2- (,"J.I OW17 ....'_J.:] ./JiJ..,