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HomeMy WebLinkAbout04-3843STEVEN H. GREENE, ? IN THE COURT OF COMMON Plaintiff ? PLEAS OF CUMBERLAND ? COUNTY, PENNSYLVANIA 1 VS. ) CIVIL ACTION - LAW 1 /! 1 NO. LPL( 373 NISSA M. GREENE, ? Defendant ? IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, STEVEN H. GREENE, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is STEVEN H. GREENE, an adult individual who resides at 157 Whiskey Run Road in Newville, Cumberland County, Pennsylvania. 2. The Defendant is NISSA M. GREENE, an adult individual who resides at 1006 Swarthmore Road in New Cumberland, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife, having been married on 27 December 1997. 4. The Plaintiff and Defendant are the parents of two minor children, Abigail M. Greene, age 6, born 21 May 1998 and Connor Robert Greene, age 4, born 7 October 1989. 5. Plaintiff seeks an award of shared legal and primary physical custody of the children. 6. The children were not born out of wedlock and at the time of this Complaint, the children reside with both parents at the marital residence and in the joint legal and physical custody of both parents. 7. During the past five years, the minor children have resided with the following persons at the following addresses: 1998 to the summer of 2001 Carlisle, Pennsylvania Plaintiff & Defendant Summer of 2001 to early August 2004 1006 Swarthmore Road Plaintiff & Defendant New Cumberland, PA Early August 2004 to present 157 Whiskey Run Road Plaintiff only Newville, PA 8. The father of the children is the Plaintiff who resides at the address set out above. He is married to the Defendant. 9. The mother of the children is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides with the minor children at 57 Whiskey Run Road in Newville, Pennsylvania on a small farm with his mother Haydee Greene. 11. The Defendant is the natural mother of the children. Defendant resides at 1006 Swarthmore Road in New Cumberland, Pennsylvania with her father, Dennis Doughtery. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. Over the past several years, Plaintiff has been the primary care provider for the children and they have been in his physical custody the majority of the time; and B. Plaintiff is better able to provide for the emotional and other needs of the children; and C. Defendant, because of her employment schedule and her temperament, is not able to provide properly for the children. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff prays this court to award him shared legal and primary physical custody of the children and to set a schedule for the Defendant's periods of temporary custody with them. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12" Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ?I--?1 C)TEVEN H. G NE CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Nissa M. Greene 1006 Swarthmore Road New Cumberland, PA 17070 Date: 5 August 2004 C??'yl ? Amy M. H rkins Secretary for Samuel L. Andes G W? G\ G `;. -t _? _. ,,? STEVEN H. GREENE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3843 CIVIL ACTION LAW NISSA M. GREENE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW Wednesday August 11, 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, 301 Market Street Lemoyne PA 17043 on Thursday, October 07, 2004 at 10:30 AM at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Gr E3y Esq, mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL, HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 2493166 1 "1 ^0 ;?iV4 STEVEN H. GREENE, Plaintiff VS. NISSA M. GREENE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3843 CIVIL ACTION - AT LAW CUSTODY DEFENDANT'S F.1• FRCFNCV PETITION FOR SPECIAL RELIEF AND NOW, the Defendant, Nissa M. Greene, by and through her attorney, Jeannd B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Nissa M. Greene, Defendant above, hereinafter referred to as Mother, is an adult individual who currently resides at 1006 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Respondent, Steven H. Greene, Plaintiff above, hereinafter referred to as Father, is an adult individual who currently resides at 157 Whiskey Run Road, Newville, Cumberland County, Pennsylvania 17241. 3. There are two dependent children from the relationship of Mother and Father, namely Connor Robert Greene, born October 7, 1999, and Abigail Mae Greene, born May 21, 1998, hereinafter referred to as the Children. 4. Father signed a Complaint for Custody on August 3, 2004, and filed a Complaint for Support on August 5, 2004. He moved out of the marital residence on August 6, 2004, taking the parties' minor children with him, without the consent of Mother. Mother subsequently received a letter from Father's counsel, Samuel L. Andes, Esquire, dated August 5, 2004 (Exhibit A), which notified her that Father was taking the children and moving to his mother's home in Newville because he felt that it was best. 5. Since unilaterally removing the children from the marital home on August 6, 2004, Father has refused to notify Mother of the whereabouts of and has denied her phone contact with the children. 6. The parties' 6 year-old daughter is scheduled to begin first grade on September 1, 2004 at the same school she attended kindergarten last year. Mother does not consent to transfer the child to another school. It is assumed Father is only residing with his mother on a temporary basis until resolution of divorce and related issues in contrast to Mother who plans to remain in the marital residence where the children have resided for the past three years and where they have friends and are comfortable. 7. Undersigned counsel faxed a letter on August 11, 2004 to Mr. Andes (Exhibit B) discussing Mother's dismay about Father's unilateral decision to take and withhold the children, also giving notice that Mother does not consent to a transfer of school, and lastly proposing a temporary custody schedule. The letter requested a response by the end of the week ending August 13, 2004. 8. Mr. Andes has not responded to the August 11, 2004 fax and Father continues to deny Mother any contact with the children. 9. A pre-hearing custody conference with Melissa Greevy, Esquire, is not scheduled to take place until October 7, 2004. 10. Mother believes and therefore avers that Father's abrupt removal of the children from the marital home without her knowledge or consent may result in irreparable psychological damage to the children. It. Mother is requesting that the court adopt her proposal as set forth in the August 11, 2004 fax from undersigned counsel to Samuel L. Andes, Esquire. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting her shared physical custody of her children pending the scheduling of a conference or hearing on the matters alleged herein. Dated: ,7120 1?eL Respectfully submitted, Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 STEVEN H. GREENE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-3843 NISSA M. GREENE, : CIVIL ACTION - AT LAW Defendant : CUSTODY I, Nissa M. Greene, hereby verify that the statements made in the foregoing petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ?ZO 104 Signature: issa M. 6&L'?- reene STEVEN H. GREENE, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04-3843 NISSA M. GREENE, CIVIL ACTION - AT LAW Defendant CUSTODY I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Petition upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Dated: i1 ?I z0Q BY: Jeannd B. Costopoulos, EsgZe ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 E X H I B I T A SAMUEL L. ANDES ATTORNEY AT LAW 325 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELSPNONE (7W 781-3361 5 August 2004 PAX (717) 781-1436 Mrs. Nissa M. Greene 1006 Swarthmore Road New Cumberland, PA 17070 Dear Mrs. Greene: I represent your husband Steven who has decided to move out of your father's home and back to his mother's home in Newville because of the serious problems the two of you are experiencing. I do not think that comes as much of a surprise to you as I understand you have discussed with your plans to file a divorce action shortly. Steven will be taking Abigail and Connor to live with him in his mother's home. He has been primarily responsible for their care over the past year or more and he believes it is in everyone's best interest to continue that arrangement. He is not going to prevent you from seeing the children or having a good relationship with them. He simply feels that, because of your schedule, his schedule, and what the two of you have been doing to care for the children over the past few years, it is best that they remain in his primary physical custody. By the time you receive this letter I will have filed a petition with the court asking that Steven be awarded primary physical custody of the children. I enclose a copy of the petition I have filed. You will receive a notice from the court of a conciliation conference at which everyone is to get together to discuss these matters. I strongly suggest that you consult an attorney and have your attorney contact me, so we can work out some of these matters without a lot of dispute or turmoil. Sincerely, Shel L. Andes amh /Enclosure cc: Steven H. Greene EXHIBIT E3 JEANNE B. COSTOPOULO,S, ESQUIRE The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 West Shore (777) 790-9546 Mechanicsburg, PA 17055 East Shore (717) 221-0900 E-mail: jbclegal@aoLcom Facsimile: (717) 790-6019 August 11, 2004 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 VIA FACSIMILE NO. (717) 761-1435 Hard copy will not follow unless requested. Re: Steven H. Greene v. Nissa M. Greene Cumberland County Custody Action No. 04-3843 Dear Mr. Andes: Please be advised that I have been retained by Nissa. M. Greene regarding pending child custody proceedings. It is my understanding that a custody conference has been scheduled before Melissa Greevy on October 7, 2004. Ms. Greene is extremely disturbed about your client's unilateral decision to remove the children from the marital residence. It is her understanding that he has temporarily sent them to Connecticut with relatives, although he refuses to provide her with a phone number so that she may contact them. This letter constitutes formal notice that my client does not consent to your client having primary custody of the children and also does not consent for the older child to be sent to first grade at any school other than the one at which she attended kindergarten last year. Despite your client's recent actions evidencing a total disregard for my client's rights as the mother of these children, she is willing to discuss a temporary shared custody arrangement wherein my client's mother would continue providing daycare while your client is at school and my client is at work, your client would continue to have the children all times he is available while my client is at work, and my client would have the children every week for the rotating two days and nights slat she is off work in addition to those nights she gets off work at 6:00 p.m. Typical stipulations for the holidays, summer, etc., could also be negotiated. This arrangement could be revisited at the end of the year when your client graduates and obtains employment since it is expected that his schedule will change at that time. PAGE TWO August 11, 2004 Please discuss our proposal with your client and respond by the end of the week. Otherwise, I feel I must file a Petition for Special Relief to have the school situation and interim schedule addressed prior to the October 7th conference. Sinnc?cerely yours, J46 B. Costopoulos, Esquire cc: Nissa M. Greene File c? ?- `_ J'1 -? n -a L ? V \ ? v m ?_ O N ?.> S ) n) ?? C? C:+ c..r, 0 ?. > i, I..i U All 3 2004 STEVEN H. GREENE, Plaintiff VS. NISSA M. GREENE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3843 CIVIL ACTION - AT LAW CUSTODY ORDER OF COURT ?3r, AND NOW, this day of 2004, upon consideration of Defendant's Emergency Petition for Special Relief, a hearing on the matter is set for the day of LgjAAA , 2004, at 13 m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. 0$ ?.3 STEVEN H. GREENE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NISSA M. GREENE, 04-3843 CIVIL TERM DEFENDANT ORDER OF COURT AND NOW, this Z 114 day of August, 2004, on a petition by defendant for emergency relief pending a conciliation conference scheduled for October 7, 2004, IT IS TEMPORARILY ORDERED: (1) Connor Greene, born October 7, 1999, and Abigail Greene, born May 21, 1998, shall stay in the home where the father is now living. (2) The children shall be with their mother every weekend from Friday evening, not later than 6:00 p.m. through Sunday at 6:00 p.m. or Monday at 6:00 P.M. if Monday is a holiday. This coming weekend, the time with the mother shall start at 9:00 a.m., Saturday, August 28th, rather than Friday evening. (3) The father shall provide all transportation. By tl19-eourtt,, Edgar B. t/Samuel L. Andes, Esquire For Plaintiff ? 5. . Xd`eann6 B. Costopoulos, Esquire For Defendant ` :sal V bl, ,UM` AlksNK33- YJ £ ; wa LZ SRV h00Z 1 glow -40 OCT 19 LW4 f STEVEN H. GREENE, Plaintiff V. NISSA M. GREENE, Defendant BAYLEY, J. --- IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 2r'- day of October, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Pending further Order of Court or an agreement of the parties, the Temporary Order of August 27, 2004 shall remain in full force and effect with the following additions: 2. Holidays. The following holiday schedule! shall supersede the regular schedule. A. Christmas. Father shall have custody for Christmas 2004 from December 24, 2004 through December 31, 2004. B. Thanksaivina. Mother shall have custody for Thanksgiving 2004 from November 25, 2004 through November 29, 2004. The children will not be left alone with Dennis Merkle. 4. The Custody Conciliation Conference shall reconvene on January 13, 2005 at 9:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes that Father will have graduated from HACC and that his new work schedule may require a modification of the present custodial schedule. /. BY THE CURT: r B. Bayley, Dist: i5amuel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 eanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3843 CIVIL TERM CIVIL ACTION - LAW ?; ?.;, - _, ,? ;_ ???? ... - _. ? -?. ,. ?:, <? <., ?,: OCT 1 9 204,6 STEVEN H. GREENE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I40.04-3843 CIVIL TERM V. NISSA M. GREENE, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abigail M. Greene May 21, 1998 Father Connor R. Green October 7, 1999 Father 2. A Custody Conciliation Conference was held on October 7, 2004 following Father's filing of a Complaint in Custody on August 5, 2004. Subsequent to his filing for custody, Mother filed a Petition for Emergency Relief. Judge Guido entered a temporary Order of August 27, 2004 which remained in full force and effect up to the time of the Conference. Present for the conference were: the Father, Steven H. Greene, and his counsel, Samuel L. Andes, Esquire; the Mother, Nissa M. Greene, and her counsel, Jeanne B. Costopoulos, Esquire. 3. The parties reached an agreement as to a Temporary Order in the form as attached. 1ora,l?* Date Melissa Peel Greevy, Esquire Custody Conciliator :237261 UVA 2 0 -,n M jv? STEVEN H. GREENE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 04-3843 CIVIL TERM CIVIL ACTION - LAW NISSA M. GREENE, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 14th day of January, 2005, the Pre-Hearing Custody Conference previously scheduled for January 14, 2005 is continued. It is hereby directed that the parties and their respective counsel appear before Melissa Peel Greevy, Esquire, the Conciliator, at 1901 State Street, Camp Hill, Pennsylvania 17011 on the 1st day of April, 2005 at 1:00 p.m. for a Custody Conciliation 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 a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties from Abuse Orders, Special Relief Orders hours prior to scheduled hearing. to furnish any and all existing Protection and Custody Orders to the Conciliator 48 FOR E Custody Conciliator , Esqu 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dist: Samuel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 :242939 ??,1?"' ?> ?, ?: STEVEN H. GREENE, Plaintiff V. NISSA M. GREENE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 04-3843 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abigail M. Greene May 21, 1998 Father Connor R. Green October 7, 1999 Father 2. The parties' second Custody Conciliation Conference was scheduled to be held on January 14, 2005 in anticipation that the parties' work schedules would have been readjusted by then and that a new Order might need to be arranged for a different parenting schedule. Attending the conference were the Father, Steven H. Greene, and his counsel Samuel L. Andes, Esquire; the Mother, Nissa N. Greene, Jeanne B. Costopoulos, Esquire. 3. The parties determined to leave the present Order in place and continue the Conference to April 1, 2005 at 1:00 p.m, with the understanding that if the parties begin their employment scheduled before then and needed a Conference more promptly, counsel for either party could contact the Concilliator's office to make such a request. The Conference may also be continued to a date after April 1, 2005 one additional time, should the parties' work schedules at their new places of employment not be known by that date. Date Melissa Peel Greevy, Esquire Custody Conciliator 242939 STEVEN H. GREENE, Plaintiff vs. NISSA M. GREENE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-3843 CIVIL TERM IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, Steven H. Greene, certifies that: A. A notice of intent to serve the subpoena with a copy of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served. B. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. C. No objection to the subpoena has been received. D. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: t-) J h I OS Sa' el L. An es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12"' Street Lemoyne, PA 17043 (717) 761-5361 STEVEN H. GREENE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-3843 CIVIL TERM NISSA M. GREENE, Defendant IN CUSTODY NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Plaintiff, Steven H. Greene, hereby advises you of his/her intent to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below I 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. Date: 18 January 2005 Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12" Street Lemoyne, PA 17043 (717) 761-5361 a STEVEN H. GREENE, Plaintiff vs. NISSA M. GREENE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3843 CIVIL TERM IN CUSTODY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lowes HIW Companies, Inc. P.O. Box 1111 North Wilkesboro, NC 28656 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things : those items listed on Schedule A at: 525 North 12th Street in Lemoyne, Pennsylvania 17043 You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Samuel L. Andes, Esquire 525 North 12th Street, Lemoyne, PA 17043 (717) 761-5361 BY THE COURT, DATE: Seal of the Court Prothonotary SCHEDULE A 1. The personnel file for Nissa M. Greene for the entire time she was employed by your company. 2. Payroll records for Nissa M. Green for the entire time she was employed by your company. 3. Work schedules, or time records which would reflect the days, hours, and other periods of time that she worked for your company while employed by it. 4. Any documents which reflect the reason for the termination of her employment (whether terminated by her or by the company). 5. Copies of any documents sent to Nissa M. Greene regarding her rights or benefits under the COBRA plan or any other information regarding the potential continuation of health insurance for herself and her family or dependents after the termination of her employment. CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: 18 January 2005 Amy M. 4 ar ins Secretary for Samuel L. Andes RECEIVED APR 0 7 innr STEVEN H. GREENE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-3843 CIVIL TERM V. NISSA M. GREENE, Defendant BAYLEY, J. --- CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this 1 0?' day of April, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Orders of October 22, 2004 and August 27, 2004 shall remain in full force and effect with the following additions: 1. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Arnold T. Shienvold, Ph.D. 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. The parties shall share equally the cost of the evaluation. 2. The children shall initiate telephone contact with Father on Saturdays at 5:30 p.m. and with Mother on Tuesdays and Thursdays at 5:30 p.m. 3. A hearing to determine the issue of the Summer custodial schedule while the parties participate in and complete a custody evaluation is schedu ed in Courtroom Number 2 of the Cumberland County Courthouse, on the a u- day of rik , 2005, at \ ?)v o'clock f .M., at which time testimony will betaken. For the purposes of the hearing, the Mother, Nissa M. Greene, 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. 4. Notwithstanding the Summer schedule to be determined by the Court at the upcoming hearing, the following periods of custody are reserved to the parties: A. Mother shall have custody of the children from July 3, 2005 at Noon to July 6, 2005 at 10:00 a.m. and August 12, 2005 through August 21, 2005. NO. 04-3843 CIVIL TERM B. Father shall have custody of the children Memorial Day weekend, Independence Day weekend through July 3, 2005 at Noon and ten (10) additional consecutive days, upon thirty (30) days notieetoother. BY THE COURT: Edgar B. Bayley, J. Dist: 4uel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 ,Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 U? C? V ?, -r u < ? . ?? 4 ? ^1 ? Y T ?Cy ` '>? i ? C.7S L, 1 t:'? " ? :.fit, t 4 ' ? S tY . k? `Sy . 1 ? ` ?? . Cam? ?J ? 1 STEVEN H. GREENE, Plaintiff V. NISSA M. GREENE, Defendant RECEIVED APR 0 7 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3843 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abigail M. Greene May 21, 1998 Father Connor R. Green October 7, 1999 Father 2. A Custody Conciliation Conference was held on April 1, 2005 because the parties expected that their work schedules would be known and that information would inform their plans for arranging the children's custodial time. Present for the conference were: the Father, Steven H. Greene, and his counsel, Samuel L. Andes, Esquire; the Mother, Nissa M. Greene, and her counsel, Jeanne B. Costopoulos, Esquire. 3. Father's position on custody is as follows: Father wants primary custody of the children year-round. He objects to the children spending a substantial amount of time with Mother in part because he is not happy with her living arrangements. She is presently residing with her boyfriend, Mr. Umberger, and his children, ages 11 and 10. He reports that the parties' children do not get a long with these children and because he is not satisfied with the living environment, he believes the children would be better suited to be in his primary physical custody. Father resides in Newville. Father continues to be unemployed. However, he graduated from HACC in December 2004. 4. Mother's position on custody is as follows: Mother also seeks primary custody of the children. During the interim Summer arrangement, she would prefer that the parents share custody of the children in a week-on, week-off arrangement. She points out that once school has been dismissed for the Summer, with neither parent working, this would give the NO. 04-3843 CIVIL TERM children substantial time to be with their parents. Mother reports that she resides in New Kingstown, Pennsylvania with Mr. Umberger and his children, ages 10 and 11. She denies Father's representation that the children do not get along. She also reports that there are adequate sleeping arrangements for the children in her home. 5. The parties agreed to participate in a custody evaluation with Dr. Arnold Shienvold. They will share the cost equally for the custody evaluation, and following the report may request a hearing or return to the Custody Conciliation Conference. In the interim, the parties are in need of a hearing to set the balance of the Summer schedule to which they have not already agreed. They have also agreed to spme telephone contact provisions for the interim Order. 'Y f Date Melissa Peel Greevy, Esqu Custody Conciliator :248158 STEVEN H. GREENE, PLAINTIFF V. NISSA M. GREENE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3843 CIVIL TERM ORDER OF COURT AND NOW, this L4 +*? day of June, 2005, following a hearing, IT IS ORDERED: (1) Those parts of the existing custody orders pertaining to Abigail M. Greene, born May 21, 1998, and Connor R. Greene, born October 7, 1999, that relate to the summer of 2005 when the children are on vacation from school, are vacated and replaced with this order: (2) Except as provided below, the father shall have Abigail and Connor from noon each Saturday to 9:00 a.m. each Wednesday, and the mother shall have them from 9:00 a.m. each Wednesday to noon each Saturday. (3) The father shall have the children Independence Day weekend until noon July 3. (4) The mother shall have the children from July 3 at noon to July 6 at 10:00 a.m., and from August 12 through August 21. (5) Except as provided in Paragraph 4, the father shall have the children for ten consecutive days upon thirty days written notice to the mother. By the Court, 6,05 0? Edgar B. Bayley, J. I 4 ' Z a WV S I NAf SOOZ ,tdViCNUi 11,:;ao -,-Hi J0 : OIR-4C-03 H Samuel L. Andes, Esquire For Plaintiff Jeann6 B. Costopoulos, Esquire For Defendant sal • r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 June 8, 2005, 2:15 p.m. Carlisle, Pennsylvania (Whereupon, the following proceedings were held:) THE COURT: We will hear from both parents, and then we will go from there. The issue is that portion of the summer not already agreed to by the parties? MR. ANDES: That's correct, Your Honor. THE COURT: I got it. First witness. MS. COSTOPOULOS: We call Mrs. Greene, the defendant. Whereupon, NISSA M. GREENE, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. COSTOPOULOS: Q Nissa, could you please just tell us your name and your current residence for us, please. A Nissa Marie Greene, 12 West Main Street, New Kingston, Pennsylvania. Q And how long have you resided there? A Since March. Q And with whom do you reside? A Christopher Umberger. MR. ANDES: Can you pull the microphone a 3 i 0 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 little bit closer, please. Thank you. THE COURT: Speak right into it. BY MS. COSTOPOULOS: Q Who is Christopher Umberger? A My boyfriend. Q And who else resides there? A His two kids, Alexandria Umberger and Dustin Umberger. Q And what are their ages? A Ten and twelve. THE COURT: Alexandria and what was the last one? THE WITNESS: Dustin with a D. THE COURT: She is ten? THE WITNESS: Yes. THE COURT: He is twelve? THE WITNESS: Yes. BY MS. COSTOPOULOS: Q How long have you been dating Mr. Umberger? A Almost a year. Q And did you discuss with him -- who are your children? A Abigail Greene and Connor Greene. Q And how lone have you been separated from the father of the children, plaintiff Steven Greene? 4 1 A Over a year. 2 Q And at the time you initially separated, what 3 was the -- what was the working and school situation of each 4 of you? 5 A Well, Steven was going to school, and I was 6 working to support the family. And the agreement was that 7 he could stay in the house with us until he graduated, and 8 then we would, like, completely split, and he would go find 9 a new place to live. 10 Q And was it the other way around when you had 11 gone to school? 12 A Yeah. He supported the family, and I went to 13 school full-time. 14 Q And how long before was that? 15 A Well, I went to -- I stayed home with the 16 kids for five years, and two and a half of those years I was 17 going to school. And then when I -- you know, we kind of 18 overlapped a little bit. We were both going to school the 19 last semester of my schooling and the first semester of his 20 schooling. We were both going to school full-time at that 21 time, and we were living on his unemployment. And then I 22 started working right after I graduated. 23 Q So when was that? 24 A June 2003. 25 Q So that's when you started working and then 5 1 you separated? 2 A June of 2004, a year later. 3 Q So you had been working about a year when you 4 separated? 5 A Right. 6 Q And so at the time the last order was 7 entered, you were working and the plaintiff was not? 8 A Right. 9 Q He was at school? 10 A He was still a full-time student. 11 Q Is it your understanding that he has since 12 graduated from school? 13 A Yes. 14 Q Do you know if he's working? 15 A Apparently. The kids said he was working 16 last weekend. He just got a job. 17 Q Do you know what his hours are? 18 A I have no idea. 19 Q Did he tell you where he's working? 20 A The kids said it was at Dickinson College. 21 THE COURT: We will find out. 22 MS. COSTOPOULOS: Okay_ 23 BY MS. COSTOPOULOS: 24 Q What kind of schedule are you seeking for the 25 summertime? 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I would like to have them as much as possible. I only had them two days of the week during the school year, and I would like to kind of reverse the roles and let him have them on his day off, and I would like to have them the days that he's working. Q And how far apart are your residences? A About 20 miles, 25 miles maybe. Q And what is your current employment situation? A I stay home. Q And how long has it been since you've worked? A The beginning of March. The end of February, beginning of March. Q And do you have any plans to return to work? A No. Maybe part-time somewhere. I was thinking about maybe working for the school system in the fall as, like, a lunch lady or something. Q And what is the arrangement that you have with your boyfriend that you're not going to be working? A Well, he's stopped taking his kids to the child care that he was taking them to, and I stay home so we don't have to pay the child care. So I'm just there. I pick them up from school, and I'm with them all the time. Q So any kind of summer schedule you would be 7 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 0 available anytime whatsoever for the children? A Yep. Q Do you have any concerns with the current schedule that you don't think it's working well and that it shouldn't continue for the summer? A Well, other than the kids have a little bit of an adjustment period when they come on a Friday and, you know, they're away from me -- we're away from each other an awful lot. I don't like it. I don't like being away from the kids that much. Q And as far as the exchanges, the way they're taking place, how is the situation right now with transportation and place of exchange? A Well, Steven was ordered to do all of the driving, but he can be very hostile when he drops the kids off and when he picks them up sometimes. Sometimes he's fine. But sometimes he can be -- he slammed the door on me, and he can just be abrasive. Q And as a result of that, what would you like to see in the order as far as a custody exchange place? A I would like to do it in a public place that's kid friendly. Q Do you have anything in mind? A I was thinking McDonald's or a fast food restaurant, somewhere that's fun for the kids to go. 8 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 0 0 Q And are you looking at, like, a halfway point? A That's fine, yeah. I'm open as far as that goes. Halfway would be great. Q And as far as a day for an exchange because of your schedule, that doesn't really matter? A It doesn't matter at all. MS. COSTOPOULOS: I don't have anything else. THE COURT: How old are you, ma'am? THE WITNESS: How old am I? THE COURT: Yes. THE WITNESS: Thirty-four. THE COURT: Go ahead. Cross-examine. CROSS EXAMINATION BY MR. ANDES: Q You're under an order to pay child support, are you not? A Yes. Q And, in fact, you've been adjudged in contempt for not paying that support? A Yes. Q How is it y©u intend to -- strike that you're on probation and ordered to continue to make payments, is that correct?' A Yes. And 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a 0 Q How do you intend to make those payments if you don't work? A Well, Chris is making the payments for me. Q Your boyfriend? A Yes. Q How old is Chris Umberger? A Thirty years old. Q And you've known him a year. Did you work with him? Is t hat how you met him? A I've known him more than a year. I worked with him for a few months before we got involved. Q You got involved about a year ago? A Yeah. Q At that time you were still living with Steve Greene and the children, is that correct? A Yes, but we were separated. Q And that was in New Cumberland? A Yes. Q You were separated but under the same roof? A Yeah, and he was in a separate room. Q And the transportation -- you're willing to participate in the transportation, you would just like the exchanges to be at some mutual place? A Where there's people, yes. Q Does Chris ?mberger have a motorcycle? 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a 0 A Yeah. Q And have you and he told the children you're going to take them for rides on the motorcycle? A No. Q You have not? A No. Q Do you intend to take them on rides? A No. We're not even taking his kids on rides and they're older. Q The house you stay in with Chris Umberger, does he own it or do you rent it? A He owns it. Q And how many bedrooms does it have? A Right now four. Q And what are the sleeping arrangements right now? A Connor has a bedroom. The girls share a room, and Dustin has a bedroom. Chris and I have a bedroom. Q And how long have those been the arrangements? A Well, we'velbeen fixing up Connor's room for i over a month now, but we jist moved Connor into his own room. Q And prior t that, in fact, Connor slept on the couch, isn't that corr :ct? 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a A Sometimes he slept in a bed, but he made the choice. If he wanted to sleep in the love seat he did. Q And Abigail shares a bed with Chris Umberger's daughter, is that right? A No, she has her own bed. Q When did that occur, that she had her own bed? A A few weeks. Q Before that she slept in the same bed with -- A Yes. Q Have there been instances where you or Chris have driven Connor without his car seat? A Yes, once. Q And did Steve complain to you about that? A No. Q Where did your daughter, Abigail, attend school last year? A This last? Q This past year. A This past year, Newville. Q How did she,do in school? A She did fin . Q Now, you we t to school toward the end of the school year several times o have lunch with her, is that correct? 12 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 0 A I went the entire school year. Q Did you have any other contact with the school? I A Yes. Q What type of contact? Did you attend parent/teacher conferences, those sorts of th ings? A Well, I wasn't notified of any of those. Q Did you maintain -- did you co mmunicate with the school and ask them to notify you? A Yes. I talked to the teacher quite a bit about how her reading progress is going, and, you know, she was having tro uble in spelling. Q How did she do in school? A She did fine in school. Q Is she a good student? A She's a pretty good student. THE COURT: What grade is she going to finish? THE WITNESS: She's in first grade. THE COURT: She is about to finish? THE WITNESSI: First grade. BY MR. ANDES: Q And she wil start second grade, and Connor will start kindergarten, i that correct? A Yes. 13 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 MR. ANDES: I have no further questions at this time. MS. COSTOPOULOS: I just have a couple. REDIRECT EXAMINATION BY MS. COSTOPOULOS: Q When Abigail attended school in Newville, did you agree that she start school there or was that just the court order? A That was just the court order. We both agreed that our kids shouldn't go to Newville schools, but Steven changed his mind at the last minute. MS. COSTOPOULOS: I don't have anything else. THE COURT: You may step down. Let me hear from the father. Come on up. Whereupon, STEVEN H. GREENE, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. ANDES: Q for the record. Would you state your name and your address A My name is teven H. Greene. Whiskey Run Road in Newvil e, Pennsylvania. Q How old are you? A I am 37. I live at 157 14 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 0 Q How far did you go in school? A I have just graduated with a criminal justice degree at HACC Area Community College which was paid for by the State and the programl,that was funded called the TRA Act. I received unemployment all the way up through my entire education once -- Q When did you obtain that degree? A January. Q Of? A 8th. Q Of 2005? A Yes, sir. Q Now, your wife testified that earlier in the marriage she stayed home with -- you stayed home with the children while she went to school. A I went to school in addition to being with the children. I had taken my daughter to kindergarten throughout her kindergarten year and took my son, Connor, with me to school -- to HACC Area Community College in a preschool program that he excelled in. Q How long dip that arrangement exist? A That existe for about a year and a half to two years due to the fact hat I took the accelerated program which I proceeded hrough school during the summer months. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • Q Where you live now, could you describe that to the Court. Is it a house, an apartment or what? A It is a house. It is the family farm. It is approximately 67.9 acres. The children each have their own bedroom and -- Q Before we get to that, let's talk about who else lives there. Who owns the family farm? A My mother owns the family farm, and she also resides there. Q And her name is Haydee Greene? A Yes, sir. Q H-a-y-d-e-e. How old is she, approximately? A Fifty. Q Thirty-nine. A Thirty-nine. Q And who else lives there other than you and your mother and the children? A That is all. We have two pets, rottweilers. They are -- dogs. THE COURT: You don't want to tell me about MR. ANDES: I want to know about the people. THE WITNESS: That is all, just us, us four. BY MR. ANDES: Q And you started to say the children have 16 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 their own rooms. How many bedrooms does the house have? A We have five bedrooms. Each of us have our own bedroom, and one was ?ade into a playroom specifically for the children. Q Is this the home where you lived when you were a child? A Yes, sir. Q Where you drew up? A Yes, sir. Q Do any of your brothers or sisters live nearby? A Yes. I have an older brother David who is an attorney for the Senate who built a residence, I would say, approximately about 50 yards from the farm on the family property. Q And is David married? A Yes, he is. Q What's his wife's name? A Andrea. Q And do they have a child? A Yes, they have a daughter Catherine who is five years old. Q Could you son Connor and your daugh A Connor and scribe her relationship with your r Abigail? atherine are best friends. They 17 • • 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 are always playing together, always running around the farm catching fireflies, butterflies, and she looks up to my daughter Abigail, tries to be a lot like her because they're good kids. Q Does Andrea work outside the home? A She does. She works for her family newspaper, but she does, I would say, 80 percent of her work through the computer in the residence. Q Does your mother work outside the home? A No. My mother has since retired from being a registered nurse working for Dr. George Little in Harrisburg, and she is also a on-call person for interpretations for Franklin, Dauphin and Cumberland County Court system. Q You mean a court interpreter? A Yes. Q Do you now work? A Yes, sir. Q Where do you work? A I work at Dickinson College in the police department. Q What do youldo for them? Are you a patrolman or what? A I am a dispatcher. I am in charge of making service calls and evaluations of situations that would have 18 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 the police respond to in an appropriate manner. Q Do you work in an office then as a dispatcher, or do you actually patrol the campus? A No, sir, I work in a separate office. Q And when did you start that job? A I started that job approximately eight days ago. Q And what are your work hours and days of the week? A I work 11:00 p.m. to 7:00 a.m. I work Tuesday to Saturday. I chose these hours because I am able to put my children to bed, and I am able to be home to wake them up for school and appropriately take care of them during the day for their activities. Q What time do they typically go to bed in the evening? A 8:30. Q What time do you leave for work? A 10:30. Q And what time do they typically -- what time do you typically get home in the morning? A Around 7:3011, 7:45. Q What time dp they usually get up? A 8:00. Q Now, do the have activities during the 19 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 summer? A Q summers? Yes, sir. Are these activities that they had in prior A Yes. We've had our children in swimming lessons and ballet for over three years. Q Let's talk about the swimming lessons. A Yes, sir. Q What time are they and where are they? A They are at the new Big Spring High School. We have an i nstructor that was my instructor as a youth, Dory Lez a (phonetic), and we have the children enrolled for three se ssions this summer. And we also have the children enrolled in a ballet summer program through central -- Q Before we get to that, finish the swimming lessons. When do they start and when do they conclude? A The 23rd would be the end date of the swimming lessons for the summer. Q The 23rd of? A July. Q And which d ays do they attend and for how long? ( A Excuse me, that's June. Q The 23rd of June they will be done? A They'll be done. ii 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And when do they attend, what hours? A They have in -- the morning shift would be 9:30 to 11:00. That is the approximate time for the classes. And on occasions they do have extra time to swim. Q This is a program they were enrolled in before? A Yes, last summer they were enrolled in it also. Q And in the prior summers, when you lived in New Cumberland, did they take swim lessons? A Yes, they did. Q Where did they take those summer lessons? A They also took them at the Newville area. My mother or myself had taken them to these classes. Q Now, tell us about the Central Pennsylvania Youth Ballet. THE swimming classes? THE THE THE THE THE week. COURT: How many days a week are the WITNESS: Every day. COURT: Are they out of school already? WITNESS: No, sir. COURT: When do they finish school? WITNESS: This week, the end of this THE COURT: IGo ahead. 21 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 BY MR. ANDES: Q The Central Pennsylvania Youth Ballet, where do they go to take those lessons? A They will be going to Dickinson College. Q And when will those lessons start? A That would be starting the 26th. Q Of June? A Yes. Q And how long will they run, how many weeks or days? A Six weeks. Q Now, how many hours a day and how many days a week are these sessions? A My son will be taking ballet on Tuesdays and Thursdays. It will approximately be for about two hours. Q In the morning or the afternoon? A In the afternoon because we want time for the swimming schedule. Q And what about your daughter? A My daughter will be taking ballet classes every day. Q How many hours a day typically? A Two to three hours of ballet every day in the afternoon also. I Q And when yo? say every day, I take it you 22 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 mean Monday through Friday? A Yes, sir. Q Not the weekends? A We do have occasional weekends in regards to recitals and extra rehearsals that we do accommodate. Q How long have the children been involved with the Central Pennsylvania Youth Ballet? A Over three years. Q And were they in it last summer? A Yes, sir. Q Where was it then? A It was also in the same facilities. Q And how about the summer before that when you lived in New Cumberland? A It was in Harrisburg. Q In Harrisburg at that time? A Yes. We transitioned whenever we had moved to Newville and put them in the Carlisle programs, and we also had them dancing at the Strawberry Square. There's an adjacent facility for the Central Pennsylvania Youth Ballet. Q Are the children enthused about, interested in, or indifferent toward the ballet? A They adore it. They have friends that have become very close. They're like their own little close-knit group of kids that share f6od, share toys, share time to i 23 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 play, and they're very very good together. I enjoy seeing them. Q Do you go take them to and from the lessons if you can? A Yes, sir. Q If you cannot for any reason, who does? A My mother. Q Are you going to be able to do that with your work schedule? I mean, obviously you have to sleep sometime during the day. When will you sleep? A I approximately plan on sleeping as soon as I arrive at the house, if not in addition to the latter part of the evening once the children go to bed. If I can approximately do a minimum of five to six hours, I think that that would be appropriate for the schedule. And in the meantime, I would be able to have my mother do the transition of the kids to the facilities for their extracurricular activities and I could meet -- I will be meeting her there for lunches with the children and also swimming because we adore them so. Q Are you concerned about your wife, Nissa, getting the children to these activities if they are with her for long periods of time? A Yes, I am very concerned. Q Why is thatlT Has there been a problem with 24 C] 1 that in the past is what I'm asking? 2 A Yes, sir. My daughter was chosen by Marsea 3 Dale (phonetic), who is the director and owner of Central 4 Pennsylvania Youth Ballet, for two dances in the upcoming 5 recital and an additional dance in the tap section. They 6 have a required Saturday rehearsal that is only for an hour 7 at 9:00 a.m. in the morning. 8 I informed Nissa of this. My daughter has 9 informed her. Upon dropping the children off this past 10 Friday, she stated that she would not be taking my daughter 11 to the rehearsal on Saturday. I stated she would be dropped 12 from the recital, and she stated she did not really care 13 because it was a program that she thought wasn't worthy of 14 her time or the children's time. 15 Q Have you had some other problems or concerns 16 about her care for the children when they're with her? 17 A Yes, sir. My children have come home and 18 stated that they are having my son sleep on the couch. He 19 does not like this due to the fact that he's also in the 20 room with the son, 12-year-old Dustin. 21 Apparently he has used knives and stabbed a 22 couch and numerous toys in ',front of my son. My son is very 23 nervous. I informed my son once he sees that to leave the 24 room and go inform his mother of this. 25 Abigail hasl'been coming home with various 25 1 words and phrasing that I find very inappropriate for a 2 seven year old to be using. 3 Q Well, I know this is distasteful to you, but 4 we have to tell the Judge what those words are so he can 5 determine whether they're inappropriate. What sorts of 6 words has she come home from her mother's and used? 7 A Using stupid, idiot, and she has used the 8 word jackass and asshole. 9 Q Are these words that you use or she has heard 10 around your house? 11 A No, sir. 12 Q Has she told you where she's heard them? 13 A She says that she has learned them from the 14 daughter Alex. 15 Q You mean Mr. Umberger's daughter? 16 A Yes, sir. 17 Q Have the children told you anything about a 18 motorcycle? 19 A Yes, sir. 20 Q What have they told you? 21 A They were told to -- my son had informed me 22 that they were told to keep a secret, not to inform me that 23 there was a motorcycle being purchased, and that they were 24 going to be able to go for rides on it so they would have 25 more fun on the weekends. 26 1 I I told them that I have taught them better, 2 not to keep secrets from their father or their mother or 3 anyone who cares for them. They should always be very 4 truthful and up front with everything that is told to them. 5 Q Is there a schedule you would like to see the 6 Court put in place for the summer? 7 A If not stays with the schedule that we have or 8 have them visit their mother every other weekend. I do not 9 have a problem with them seeing their mother, but as to the 10 overnight stays and the residing at the residence that I 11 find to be unsafe for my children, due to the fact for the 12 I mental and physical state, due to the fact it's very close 13 I to a trucking depot, that they are told to play outside 14 without supervision. 15 There's trucks going throughout the country. 16 I am very nervous that my children would run the possibility 17 of being kidnapped or getting hurt with the traffic that is 18 there. 19 I MR. ANDES: That's all the questions I have. 20 1 CROSS EXAMINATION 21 BY MS. COSTOPOULOS: 22 Q Isn't it true that currently and in the past 23 your son, Connor, sleeps with you and not in his own bed? 24 A He comes up',during the evening when he is 25 scared, and we read stor ies until he falls asleep, and I 27 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 usually take him downstairs to his bedroom and put him back to bed. This happens quite often because he is afraid to be alone due to the fact he is nervous about parents leaving. He stated that to me. Q Have you ever attempted to discuss with mother whether these things happen at her residence as well? A Every time I have spoken with Nissa she has been extremely hostile and closes the door in my face. If not her, her boyfriend does. I find it difficult to have a conversation through a door. Q And when you scheduled the children into all of these events, essentially two to three hours a day and all these other additional activities, did you consult with Nissa at all before enrolling them in all of these things? A I have told her numerous times about the activities of the Central Pennsylvania Youth Ballet and the swimming lessons that the children have both been involved with for years in these programs. This is nothing new. Q I mean, did you discuss it? Did she agree to do it or did you just tell her this is what I'm going to have the children do? A Well, I asked her if she could accommodate us in this manner, and she stated that it is her time and that she will do with the children what she pleases. 28 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So you took that as she doesn't agree that they be enrolled in these things? A I considered it a hostile answer, yes, that she didn't agree to anything that I have -- Q Was it hostile simply because she didn't agree with you, or what was hostile about it? A Very abrupt, very short, very concise in her answers, not really giving me any sort of leeway in regards to trying to work something out. Q In the other summers, did they have this intensive a schedule in summers past? A They were youths. They were quite small. We could not put them in activities that were as intensive as this. My children were small, so therefore I did not want to overwhelm them. But now that they are growing up, they are in these activities for their mental and physical state which I find to be a positive thing. Q Isn't it true that the children indicated that they wanted to play soccer? A Soccer? Q Did the children ever mention to you that they wanted to play soccer? A They said that they enjoy playing soccer at the farm with me in the yard and that eventually whenever they are old enough to play they will, due to the fact the 29 i i 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 age for soccer enrollment is seven years old. My son is five and my daughter just turned seven. Q Your sleeping schedule now, do you currently sleep five hours a day? A I just started this schedule. I am approximately sleeping whenever Abby is in school and my son is with my mother doing the dancing program. I have a very, very close-knit working environment. They are willing to accommodate me. THE COURT: The question simply is when do you sleep? THE WITNESS: Usually when the children are in school or whenever they're in the ballet classes at this particular time. BY MS. COSTOPOULOS: Q Do you expect this to be your schedule throughout the rest of the summer? A I expect it to be my schedule throughout the rest of my career with Dickinson College, which I hopefully will be with the rest of my life because they provide a free education. Q Compared to -- this year compared to last year, how many more days a week are the children in activities this year than last year? A Well, due to the fact that they are now 30 • 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 older, my daughter has excelled exceedingly in -- Q The question is how many days. I didn't ask why. THE COURT: During the summer, right? We are just dealing with summer here? MS. COSTOPOULOS: Right. I'm asking how many days -- THE COURT: Compared to last summer, how many more days are they going to be active in these activities this summer? THE WITNESS: Two. BY MS. COSTOPOULOS: Q Two more days a week this year? A It was Monday, Wednesday, Friday last year during the summer. But we did have the every day schedule with swimming lessons that was consistent. That's a requirement for the swim lessons. But ballet Abigail will be doing every day this summer, and Connor will stick to the change for the Tuesday to Thursday schedule for him. MS. COSTOPOULOS: I have nothing else. THE COURT: Anything further? MR. ANDES: I have nothing further of this witness at this time. THE COURT: You may step down. MR. ANDES: My understanding from our 31 0 1 discussion prior to the hearing is we will talk to the 2 children next before we hear any other witnesses? 3 THE COURT: Do you want to talk to the 4 children? 5 MR. ANDES: Yes, Your Honor. 6 MS. COSTOPOULOS: Your Honor, my client would 7 like to offer brief rebuttal to some of the testimony that 8 was just given. 9 THE COURT: All right. 10 Whereupon, 11 NISSA M. GREENE, 12 having been previously sworn, testified as follows: 13 REBUTTAL 14 DIRECT EXAMINATION 15 BY MS. COSTOPOULOS: 16 Q Nissa, regarding the summer schedules and all 17 of the activities the children are involved in, what 18 historically has been the situation, to the best of your 19 knowledge? 20 A Well, for one thing they've never taken 21 ballet in the summer. They did have swimming lessons last 22 summer, but that was the first time they went to Newville 23 pool. Before that we went to the West Shore YMCA. 24 Q And what do you suggest the kids be doing for 25 the summer? I mean, did you have a part of scheduling any 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1, G of this? A No, I had no choice. Q Did you tell him that these things weren't worth your time and things like that like he had indicated you had? A No. I did say I didn't care if she wasn't in the summer show though because Steven and I both agreed that the kids should be off -- well, when we were together, we agreed that they should be off ballet in the summertime. Q And so they have always been off in the summer for ballet? A Yeah. Q Up until this year? A Until this year. But when we were together, we also did agree that they should have swimming lessons as often as possible. That's one thing we do agree on. Q So you don't have a problem with them being in swimming up until June 23rd? A Not at all. Q Would you like to attend some of these events and take them during the week? A Yes. I would like to know -- Q If you had custody during the week, would you see that they got to their activities? A Yes. I took them to ballet practices before 33 • 0 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 Christmas, and I went to every one so that they could be in the Christmas show when I had them on the weekends. Q And in the past did you take them to -- A I was originally the one who always took them to their swimming lessons until he started working, and they've been in swimming lessons since they were infants. Q So there is no reason you can think of why you wouldn't be available to -- A No. Q -- be at these things? A No. I would also like them to be able to choose their activities. I mean, Connor's talked about baseball, and Abby's talked about soccer. Q Did you look into enrolling them in their events even though they're young? A Well, I have an opportunity to enroll them with Alex, Alex and Abby in the same soccer league. It wouldn't be the same team, but it would be the same league. So they would probably have games the same weekends. Q And do the children, to your knowledge, have any problems getting along, or did your children complain about the other children in your home? A No. In fact, Connor has always asked to sleep in Dustin's room, and I've never heard anything about a knife. And Abby and Alex have had a couple of fights over 34 • • 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 Barbie dolls, but that's about it. Q And do you hear them using words like stupid, jackass and asshole? A I have heard stupid, but they don't swear. Chris doesn't swear, and their mother would never let them swear. Q You mean the mother of -- A Of the children, Alex and Dustin. Q What is their schedule? I mean, I'm assuming they see their mom. A For the summer -- they have a separate summer schedule that they do. During the school year, it's Wednesday night and two weekends a month. During the summer, she gets to pick a week a month that she gets them, and then, you know, for vacation, I mean, Christmas. Him and his ex really work well together, and they just kind of plan it together back and forth. When she wants them, she asks. If they're available, we let her have them. Q So the majority of the time the children are at your house? A With me. MS. COSTOPOULOS: I don't have anything else. CROSS EXAMINATION BY MR. ANDES: Q I'm a little confused. You say you will take 35 • • 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 them to the activities. Does that mean that you will take -- if you have your daughter with you for periods of time this summer during the week, you would take Abigail to her ballet lessons? A If she wants to go. I usually leave it up to her in the morning. Q Well, if she's signed up and she decided she didn't want to go on the weeks or the days or the periods of time she's with you, you just wouldn't take her? A Honestly, I prefer her not to be at ballet, but if she really wants to go, I'll take her. Q Have you discussed with her whether she wants to be in ballet? A Yes. Q And what has she told you? A She said she didn't want to do it anymore. She's cried over and over. Q She said she doesn't like ballet, she doesn't want to go? A Riaht. right. But rn Srnally it'.q r,p(Aiigp Gip have plans. Q I'm sorry, what? A Usually it's because we have plans, and she just doesn't want to miss out on whatever it is the rest of the family is doing. 36 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q The soccer you were talking about is not going on now, is it? A No. Q It doesn't go on in the summer, is that right? A Yes, it does go in the summer. Q I'm sorry? A Yes, Alex is enrolled already. Q In soccer? A In soccer. Q When does it start? A The second week in July. Q And it's your testimony that last summer and the summer before the children were not involved in ballet -- A Right. Q -- during the summer? A Right. Q And you're certain of that? A Yes. MR. ANDES: That's all the questions I have. THE COURT: You may step down. Anything else? MS. COSTOPOULOS: No. THE COURT: I am not crazy about talking to a 37 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 kid who just turned six and a five year old. I don't think I am going to do it because kids that age should not be determining what they do in the summer or any other time regarding their parents, the parents should be. MR. ANDES: I understand and I -- THE COURT: Nobody has told me they aren't healthy and aren't happy and involved in a lot of things and doing all right in school, so these are regular kids. MR. ANDES: Well, you're right, Your Honor, but I think some of the testimony has been contradictory as to what they want to do and whether they are participating in certain activities voluntarily or not, whether they participated in them last summer. I have other witnesses I can call to verify what my client said. But between that and some of the differences of opinion about the children's comfort with these other siblings and some of the things that my client said the children have reported, I request that you speak to the children. THE COURT: Not at that age. I am not going to. Argument, off the record. MR. ANDES: Your Honor, if I may, before we finish, I have other witnesses here. THE COURT: On the record. MR. ANDES: They will testify about my 38 • 0 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 client's relationship with the children. THE COURT: I am sure it is solid. MR. ANDES: His care of the children. It will all be positive, that's true. But I also have witnesses here who will contradict some of the things the mother said, in particular with regard to the children's past activities, for instance, being in ballet last summer and the summer before, and also about their interest in these things. THE COURT: Okay. Quite frankly though, it is not important to me because activities will be chosen by parents for children at that age, not the children. If the parents can't agree on it, then they can't agree on it. If they can agree on it, fine. They should take the concerns of their children to heart when they make the decisions. That is just the way it is. I accept your general offer of what your client's family would say. MR. ANDES: All right. THE COURT: Good. MR. ANDES: Just so the record is clear, some of them are from my client's family, but some of them are not. Some of them are neighbors and friends and other associates. THE COURT: I understand. Off the record, argument. 39 • 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 (Whereupon, argument was held off the record.) THE COURT: I will get an order down within a reasonable length of time. Thank you, counsel. (Whereupon, the hearing was concluded at 3:04 p.m.) 40 • 0 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 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. Pamela R. Sheaffer Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. , Edgar B. Bayley, J. Ninth Judicial District 41 ,? - ;, ? ? ...., _ _, 4 i ,l ' ? ,.1 -G U CS STEVEN H. GREENE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3843 CIVIL TERM V. NISSA M. GREENE, Defendant CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this '- day of November, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Each parent will promptly deliver the children to the rehearsals and recital for the dance performance at the times designated by the instructor. 2. Holidays. Father shall have custody for the Thanksgiving school recess 2005. 3. Christmas 2005. Mother will have custody from December 23, 2005 at 8:00 a.m. until December 30, 2005 at 8:00 a.m. Father will have custody from December 30, 2005 at 8:00 a.m. until January 2, 2005 at 8:00 p.m. 7 BY THE COURT: Edgar '81 Bayley, J. Dist: Jeanne B. Costopoulos, Esquire, 3803 Old Gettysburg Road, Camp Hill, PA 1701 Samuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 J4 "C, 1 ? a , rJ.., .,,,.,7 STEVEN H. GREENE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3843 CIVIL TERM V. NISSA M. GREENE, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abigail M. Greene May 21, 1998 Father Connor R. Greene October 7, 1999 Father 2. The parties were seen for a Custody Conciliation Conference on November 11, 2005 following Father's filing of a Petition for Special Relief. Attending the Conciliation Conference were: the Father, Steven H. Greene, and his counsel, Samuel L. Andes, Esquire; the Mother, Nissa M. Greene, and her counsel, Jeanne B. Costopoulos, Esquire. 3. The parties are in the process of a custody evaluation. Therefore, the Orders in this matter have been Temporary Interim Orders. The two prior Orders are August 27, 2004 and October 22, 2004. The parties have asked to reserve the right to address the holiday plan after the completion of the custody evaluation. The parties reached an agreement with regard to the arrangements for the children's participation in dance rehearsals and performances. However, they did not reach an agreement with regard to the Thanksgiving and Christmas holidays. Accordingly, the Conciliator recommended an Interim holiday plan about which the parties agreed to accept the Conciliator's recommendation. 4. Father's position is as follows: Father is asking for confirmation of custody over the Thanksgiving holiday for a family trip and for another long block of custody over the Christmas holiday recess 2005 so that he can again travel with the children to Florida for a family vacation. Specifically, Father asks for custody from December 27, 2005 through January 1, 2005. NO. 04-3843 CIVIL TERM 5. Mother's position is as follows: Mother's position is that because she had Thanksgiving in 2004, Father should have Thanksgiving break 2005. Mother's position with regard to Christmas is that because Father had seven days at Christmas 2004, from December 24 through December 31, she should be entitled to receive a similar block for this Christmas. Date Melissa Peel Greevy, Esquire Custody Conciliator ead:263230 r STEVEN H. GREENE, Plaintiff VS. NISSA M. GREENE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3843 CIVIL ACTION - AT LAW CUSTODY DEFENDANT'S RFI)IiEST FOR HEARING AND NOW, the Defendant, Nissa M. Greene, by and through her attorney, Jeannd B. Costopoulos, Esquire, submits the following Request for a Pre-Hearing Custody Conference: 1. On April 14, 2005, an Interim Order of Court was entered directing the parties and subject children to submit to a custody evaluation with Arnold T. Shienvold, Ph.D. The April 14, 2005 Interim Order together with Melissa Greevy's custody conciliation summary report is attached as Exhibit A. 2. Dr. Shienvold has completed the evaluation and on December 8, 2005 he issued a report containing his recommendations. Said report is attached as Exhibit B. 3. In his report, Dr. Shienvold states that "[I]t is strongly recommended that primary physical custody of Connor and Abigail be given to their mother as soon as possible." 4. It is Defendant's understanding that Plaintiff will not agree to an order substantially adopting Dr. Shienvold's recommendations. 5. Due to the exigent tone of Dr. Shienvold's report, Defendant requests a custody hearing to be scheduled without the usual prerequisite of attendance at another pre-hearing custody conference. WHEREFORE, Defendant requests the court to schedule a custody hearing at its earliest convenience. STEVEN H. GREENE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-3843 NISSA M. GREENE, : CIVIL ACTION - AT LAW Defendant : CUSTODY Undersigned counsel, Jeann6 B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney of record for Nissa M. Greene, Defendant. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing Request for Hearing are known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. BY: Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 3803 Gettysburg Road Lamp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 Dated: Respectfully submitted, Dated: Lab z/2d--0-j Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 STEVEN H. GREENE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 04-3843 NISSA M. GREENE, CIVIL ACTION - AT LAW Defendant CUSTODY I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box t68 Lemoyne, PA 17043 BY: eanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT (Z ?2z?20?t?° Dated: 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 A I B , T E X H RECEIVED APR 072M5 STEVEN H. GREENE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-3843 CIVIL TERM V. CIVIL ACTION - LAW NISSA M. GREENE, IN CUSTODY Defendant BAYLEY. J. --- INTERIM ORDER OF COURT AND NOW, this / y day of April, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Orders of October 22, 2004 and August 27, 2004 shall remain in full force and effect with the following additions: t. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Arnold T. Shienvold, Ph.D. 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. The parties shall share equally the cost of the evaluation. 2. The children shall initiate telephone contact with Father on Saturdays at 5:30 p.m. and with Mother on Tuesdays and Thursdays at 5:30 p.m. 3. A hearing to determine the issue of the Summer custodial schedule while the parties participate in and complete a custody evaluation is schedul d in Courtroom Number 2 of the Cumberland County Courthouse, on the ?- day of , 2005, at / _3U o'clock P .M., at which time testimony will betaken. For the purposes of the hearing, the Mother, Nissa M. Greene, 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. 4. Notwithstanding the Summer schedule to be determined by the Court at the upcoming hearing, the following periods of custody are reserved to the parties: A. Mother shall have custody of the children from July 3, 2005 at Noon to July 6, 2005 at 10:00 a.m. and August 12, 2005 through August 21, 2005. NO. 04-3843 CIVIL TERM B. Father shall have custody of the children Memorial Day weekend, Independence Day weekend through July 3, 2005 at Noon and ten (10) additional consecutive days, upon thirty (30) days notice to Mother. BY THE COURT: 1 ?J Ed B. Bayley, J. Dist: Samuel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 T01"." f' If, T ?sties /) 'u :>e my hand an?tffie seal ur .?,_', ?/ j;? ?lls1e, I'a. lf? RECEIVED APR 0 7 2005 STEVEN H. GREENE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-3843 CIVIL TERM V. NISSA M. GREENE, CIVIL ACTION - LAW 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 Abigail M. Greene May 21, 1998 Father Connor R. Green October 7, 1999 Father 2. A Custody Conciliation Conference was held on April 1, 2005 because the parties expected that their work schedules would be known and that information would inform their plans for arranging the children's custodial time. Present for the conference were: the Father, Steven H. Greene, and his counsel, Samuel L. Andes, Esquire; the Mother, Nissa M. Greene; and her counsel, Jeanne B. Costopoulos, Esquire. 3. Father's position on custod is as follows: Father wants primary custody of the children year-round. He objects to the children spending a substantial amount of time with Mother in part because he is not happy with her living arrangements. She is presently residing with her boyfriend, Mr. Umberger, and his children, ages 11 and 10. He reports that the parties' children do not get a long with these children and because he is not satisfied with the living environment, he believes the children would be better suited to be in his primary physical custody. Father resides in Newville. Father continues to be unemployed. However, he graduated from HACC in December 2004. 4. Mother's position on custodv is as follows: Mother also seeks primary custody of the children. During the interim Summer arrangement, she would prefer that the parents share custody of the children in a week-on, week-off arrangement. She points out that once school has been dismissed for the Summer, with neither parent working, this would give the NO. 04-3843 CIVIL TERM children substantial time to be with their parents. Mother reports that she resides in New Kingstown, Pennsylvania with Mr. Umberger and his children, ages 10 and 11. She denies Father's representation that the children do not get along. She also reports that there are adequate sleeping arrangements for the children in her home. 5. The parties agreed to participate in a custody evaluation with Dr. Arnold Shienvold. They will share the cost equally for the custody evaluation, and following the report may request a hearing or return to the Custody Conciliation Conference. In the interim, the parties are in need of a hearing to set the balance of the Summer schedule to which they have not already agreed. They have also agreed ?o spme telephone contact provisions for the interim Order. 'y (a 06 Date Melissa Peel Greevy, Custody Conciliator :248158 E X H I B I T B Riegler • Shienvold & Associates Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACS W, LCS W Tracy Richards, QCS W, LCS W Dyanne Sage, QCS W, LCS W Jeffrey Pincus, Ph.D. Ann Vergales, ACS W, LCS W Kasey Shienvold, Psy.D. ShanenTurk-Geller LCSW Harvey H. Shapiro, MD William Dietrich, LCS W Sandra Wiley, LCSW CUSTODY EVALUATION NISSA GREENE vs. STEVEN GREENE Referred By: Mutual Consent of the parties as ordered through conciliation Referral Reason: To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial arrangements for Abigail Mae Greene, DOB 5/21/98, and Connor Robert Greene, DOB 10/7/99 Individual Interviews: Steven Greene 6/7/05, 7/7/05, 7120/05, 8/3/05, 10/27/05 Nissa Greene 6/22/05, 7/11/05, 811105, 8/23/05, 9/1/05 Abigail Greene 818/05, 8/12/05 Connor Greene 8/8/05 Haydee Greene 1111105, 11/18/05 Christopher Umberger 9/7/05 Dennis Daugherty 9/21/05 Nancy Merkle 9/21/05 Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2) *Steven Greene *Nissa Greene *Chris Umberger Parenting Stress Index (PSI) *Each parent completed this instrument for each child State-Trait Anger Expression Inventory-2 (STAXI-2) *Steven Greene *Nissa Greene Home Visit: Each parent's residence was investigated for safety concerns and each parent was observed interacting with the children in the home setting 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 • (717) 540-1313 • Fax: (717) 540-1416 Page 2 Greene v. Greene Additional Information: 1. Telephone interview with Marty Williams, LSW, therapist for Abigail Greene 2. Telephone interview with Patricia Flurry, Conner's teacher 3. Pictures of slashed tires on Dennis Daugherty's car, provided by Nissa Greene 4. School report card for Abigail Greene from the 2004-2005 school year 5. Dental notes for Abigail Greene 6. Calendars and journal notes provided by Steven Greene 7. Letters from Mr. Samuel Andes to Ms. Jeanne Costopoulos dated October 28, 2005, July 18, 2005, October 14, 2004, November 9, 2004, December 8, 2004, February 14, 2005, January 18, 2005, September 10, 2004, August 20, 2004: All letters provided by Haydee Greene 8. Letter dated August 24, 2004 from Winnie Richards of HACC Child Play Center indicating that Steven was taking Connor to the play center 3 to 6 hours per week during the past year. 9. Phone conversation between Steven Greene and Ms. Susan Smith, assistant to Dr. Shienvold, on 8/29/05 10. Phone conversation between Nissa Greene and Dr. Shienvold on 12/2/05 11. Copy of newspaper report indicating that Steven Greene was arrested for a DUI at 1:46 a.m. on a Sunday morning The recommendations at the conclusion of this report are based on all of these sources of information. Page 3 Greene v. Greene Background: During the school year, Steven has had custody of the children during the school week from Sunday at 6:00 p.m. until Friday at 6:00 p.m. Nissa has custody of the children from Friday at 6:00 p.m. until Sunday at 6:00 p.m. In the beginning of the summer of 2005, Nissa and Steve started to share custody such that Nissa had the children from Wednesday at 9:00 a.m. until Saturday at 12:00 p.m. According to Nissa, she and Steve separated physically on August 6, 2004 when Steven left her father's house, where they had been living together, and took the children with him. Nissa reported that she was unable to see the children for three weeks, in spite of trying repeatedly to call and speak to him about the situation. Nissa reported that Steven had called her father and indicated that she would never see the children again. (A report that was confirmed by Mr. Daugherty. In fact, Steven had taken the children fast to Connecticut to his sister's house and then moved-in with his mother, Haydee Greene. Nissa filed an Emergency Petition and the temporary custody order was put into effect. Steven disagrees that he took the kids without Nissa's knowledge or that he tried to keep them from her. According to Steven, it was Nissa who left him and the children to "be with another man " He noted that she had been showing less and less interest in the children during the time prior to his physically leaving. They were separated within the same household for some time. Steven reported that Nissa told him to leave and to take the children. Nissa denies that allegation. Nissa believes that the children's best interests will be served if they are primarily in her custody. Nissa stated that'she believes she is the better parent and has always been available to meet the children's needs. She feels that she is more nurturing than Steven and that she takes the children's needs into account with every decision that she makes. Nissa indicated that Steven is very angry at her for leaving the relationship and that he is constantly trying to keep the children from spending time with her. Additionally, Nissa feels that Steven is telling the children negative things about her. Nissa reported that Steven has tremendous anger problems. She stated, "For seven years of our marriage I begged him to go to anger management classes, but he only signed-up after I told him I was leaving" Nissa believes that the children would be better served to be in the Cumberland Valley School District, not the Newville district. Nissa noted that she is an experienced pre-school teacher and that education is very important to her. She also indicated that at one time during the marriage Steven, agreed with her assessment of the school districts and that Steven's brother, in fact, was moved from Newville to Cumberland Valley as a child. Page 4 Greene v. Greene Nissa feels that Steven is very controlling and uses control and manipulation with the children. She reported that Steven's approach to parenting fosters dependency and slowed autonomy while her approach to parenting is to teach age appropriate independence. Finally, Nissa feels that it is not Steven who is providing the bulk of the primary care for the children. According to Nissa, it is really Haydee who is providing the care for the children. Steven is opposed to Nissa being the primary custodian. In fact, Steven feels that Nissa should have the children, at most, only on alternating weekends throughout the year. Steven strongly opposed the change in the custody schedule for the summer. He reported that he was very unhappy with the change because he wanted the children "all the time." Steven reported at his July 7, 2005 appointment that the children were very unhappy with the summer arrangement, yet he denied having spoken to them about it. Steven provided many reasons why he does not believe that the children should be primarily in their mother's custody. Steven indicated that if the children are with their mother they will be neither happy nor safe. He reported that the children have told him that they are unhappy at their mother's house. Steven reported that he and the children have been told many "lies" by Nissa. Steven added that he believes that a person should "always tell the truth." Steven feels that he can provide the best environment for the children, especially as it related to the arts; ballet and athletics. He stated that Nissa "refuses to take the kids to activities" and that Abigail is very "discontent" secondary to her mother's actions. Steven explained that the children are unsafe with their mother because she is living with a man who has been married three times and has two children. According to Steven, the oldest of Mr. Umberger's children "bullies" Connor and is physically aggressive towards him. Steven also stated that Connor had told him that Dustin, Mr. Umberger's son, has knives which he stabs into toys and couches. Steven also alleged that Connor is forced to sleep on a couch rather than a bed. Steven indicated that Nissa allows the children to play in an unsupervised area along a "very busy road." He reported that Nissa has told the children to play in the front yard, near the road. According to Steven, he has told the children not to listen to their mother and to play where it is safe. According to Steven, Abigail does not sleep alone. Rather, she shares a bed with Mr. Umberger's daughter, Alex. Steve feels that Alex is teaching Abigail inappropriate language and phrases. In discussing the allegations regarding Nissa's lies, Steven reported that during the marriage, Nissa would lie about where she had been at night. "She would not call and would not give answers, even when the children asked her where she had been." Steven indicated that Nissa asked the children to keep her relationship with the other man secret. According to Steven, Nissa has told Connor that he is the reason that the marriage broke-up and when he argued with her about it, she spanked him. Steven also indicated that the children are forced to "fend for themselves, food wise. She gives them the minimum." Page .5 Greene v. Greene It should be noted that Nissa patently denied almost every allegation made by Steven. She admitted that she was in a relationship with Mr. Umberger and that she lives with him. However, she denied allegations about safety, lying to the children, not providing supervision and not providing food. Nissa reported that the children have never told her that they are unhappy with her. However, Nissa reported that Abby has indicated that her grandmother told her that if she goes to Cumberland Valley Schools she will find that the teachers "don't care about you." With respect to Nissa getting the children to activities, Nissa noted that Steven will often provide as little as one day's notice that the children have something they must do. According to Nissa, both children are enrolled in ballet at the insistence of the paternal grandmother. Nissa reported that in spite of her opposition to the intensity of the program, she has almost always insured that the children were at their Saturday morning practices. Nonetheless, she reported that Steven will lie about the times or nature of activities so that he has the children more often. He will also purposely plan activities on her limited time with the children. Nissa reported that Abby has her own bed. However, there was a time early in the relationship with Chris that Abby shared a bed with Alex. Nissa reported that the children get along very well and that Abby looks forward to her time with Alex. Similarly, she reported that Dustin and Conner are compatible with one another. They enjoy playing together and, according to Nissa, Dustin is not a bully. Nissa noted that Connor has his own bed, but at times chooses to sleep on the love seat in Dustin's bedroom when the boys are together. Nissa admitted that Dustin has a pocket knife and that he got in trouble one time for cutting a button off of his couch. However, he has never "stabbed a toy." Dustin's punishment for cutting the couch was the loss of his knife. Nissa reported that the children are never unattended at her house. Nissa indicated that they don't really have a front yard. There is a porch and then the sidewalk, so the children are not sent to a "front yard" to play. Nissa reported that the children do not have to prepare their own meals, she does that for them. Additionally, there is a snack drawer in the house and the children are allowed to help themselves to snacks. Nissa reported that she almost always feeds the children Sunday dinner and that the children have baths at her house. Steven made additional allegations that were related to Nissa and/or her family. For example, Steven alleged that Nissa's step-father sexually abused Abigail. He reported that she had "repeated vaginal irritations." According to Steven, his mother brought Abigail to the pediatrician. Steven reported that the pediatrician "found no signs of penetration." They also took Abigail to a therapist, Marty Williams, who, according to Steven, felt that Abigail's tendency to masturbate was abnormal. (Steven did not inform Nissa that he was taking Abby to the therapist. His attorney informed her attorney after Abby had gone several times.) However, Abigail did not report ever being sexually abused by anyone. According to Steven, Abigail told him that her mother taught her how to masturbate. Page 6 Greene v. Greene It should be noted that Ms. Williams denied saying that Abigail's behavior was abnormal. It is also important to state that Ms. Williams did not have the benefit of any history from Nissa at the time of her evaluation and treatment. It was not until much later that she had that benefit and was able to get history about Abigail's prior masturbatory behavior. Nissa informed Ms. Williams exactly what she reported in this evaluation, that since infancy, Abigail has used self- stimulation as a soothing technique for when she was upset. Abigail has never seen her mother masturbate and is not encouraged to do so by her. However, Nissa reported that she does not make Abigail feel guilty about touching herself. Ms. Williams reported that she told Steven and Haydee that the behavior, i.e. the masturbation, was probably secondary to anxiety and not to jump to any assumptions about the behavior. Ms. Williams stated that as she tried to help Steven understand the situation, he constantly tried to bring-up other issues that placed Nissa in a negative light. Interestingly, Steven tried to get Ms. Williams to submit his bills illegally for insurance and he has never paid Ms. Williams the amount he owes her for her services Steven reported that the children constantly return from their mother's home with cuts, bruises, burns and blisters, Steven reported taking the children to the doctor because he was fearful that they were being physically abused at their mother's house. The doctor made no CYS report. Steven noted that when Nissa took the children on vacation, he packed sun block for them because he knew that their mother would not. Steven alleged that Nissa did not put the lotion on correctly and they burned anyway. Steven reported that Nissa allowed Abigail "to get too tan." According to Steven, the ballet does not want the girls to get "too tan." Nissa found many of these complaints ridiculous. She was not defensive in her responses about her behavior, but showed tremendous frustration in the fact that Steven continuously raised these types of complaints. She reported that it is true that on occasion Connor or Abby will return to their father's care with some bruise, scrape or cut. She noted that the minor injuries would occur in the regular course of play and were not of note. As for sunburn, Nissa reported that it was totally unnecessary for Steven to give her suntan lotion. She always makes sure that the children are safe. However, given the intensity of the sun at the shore, they did get some minor sunburn. Marital History: Nissa and Steven met in 1994. They dated for three years before marrying on December 27, 1997. In the interim, according to Nissa, they were very much a "parry couple." There was a considerable amount of drinking and use of drugs, like marijuana. Nissa admitted equal use between them. Nissa reported that she became pregnant twice during that time. Steven and Nissa agreed to abort the first pregnancy. Steven reported that there were two abortions, but Nissa denied that. She stated that she wanted to keep the second pregnancy and although Steven's mother wanted them to get an abortion, Steven finally agreed to keep the baby. Page 7 Greene v. Greene They married after that time. The wedding took place in Miami where Steven has many family members. Nissa had been working as a preschool teacher prior to her pregnancy. Steven had been working in different positions. Steven agreed to her quitting work to be a stay-at-home mother. The couple moved in with Nissa's father to save money, and Steven got a job with Lear Corporation. Nissa reported that she came very close to leaving Steven during the pregnancy. According to Nissa, Steven became very abusive to her after they were married. She reported that he would scream at her and push her into corners. He also pushed her to the ground. She reported that he would grab her throat during fights, or make believe he was stabbing her between the legs. Nissa reported that at one point she called his mother, who came to her rescue. It was Haydee's advice to Nissa, to "make your husband need you." Nissa reported that she, therefore, did everything for him. It should be noted that Steven absolutely denied that he was abusive to Nissa. hi fact, he reported that it was Nissa who was abusive and irrational. He stated that he "adored her." Steven reported that the relationship was excellent. He stated that there would be verbal arguments, but in general everything in the relationship was good. Each parent reported that the pregnancy and delivery proceeded with no unusual complications and Abby was a healthy baby. Nissa stayed at home with Abby and breast-fed her for the fast year. Nissa reported that Steven was a very supportive father who was tender with Abby. According to Nissa, Steven was involved in Abby's care, but did not get up at night for feedings. Connor's pregnancy was not planned. Nissa was confused about the pregnancy because she had ambivalent feelings about the marriage. Steven reported that he was happy about the second pregnancy. According to Nissa, the abuse continued, more in the form of intimidation, but also some physical episodes. Nonetheless, the pregnancy went well and Connor was bom a healthy baby. Nissa remained at home and Steven continued with his job at Lear. Nissa also babysat another child to get extra money. According to Steven, he suggested that Nissa go to school to get out of the house. Nissa stated that it was she who brought the issue up, but that Steven was supportive of her going. However, she reported that he was not supportive of the fact that she had homework or projects. She was attending the PA School of Art and Design in Lancaster. At the time they were living in an apartment. The school was located in Lancaster and there were times, according to Steven, when Nissa would stay overnight at another student's place. Nissa was attending the school in the evening and Steven would watch the children during that time. When Abby was 4 % years old, Steve and Nissa went to live with Nissa's father, again. Steven reported that the relationship was still good, but Nissa pointed out that they had gone to Tressler-Lutheran services for counseling. Page 8 Greene v. Greene (Unfortunately, Tressler never forwarded their records to review for the evaluation.) Nissa reported that her feelings of being abused were a major area of the counseling. Nissa reported that they were growing more distant in the relationship. She had warned Steven about his abuse. According to Nissa a very serious incident occurred in which Steven choked her. As a result of that incident, Steven asked Nissa for another chance and her father paid for Steven to get anger management counseling. According to Nissa, in June of 2004, Steven grabbed her again, this time in front of Connor, and she asked him for a divorce. Steven reported that after starting school Nissa's behavior became more erratic. She would stay out late with friends. He stated that she had a job with a local furniture store, but was fired. He reported that she got jobs with a catering business and then as a bartender. He indicated that she would go out with her friends and not tell him where she was. According to Steven, he was at home caring for the children. Also during this time, Steven went to HACC for courses and brought Connor to the HACC preschool. There is a letter indicating that Connor was, in fact, at the school. According to Steven, Nissa got a job at Lowe's and became involved with Chris Umberger. It was for that reason, according to Steven, that Nissa left the marriage. Nissa denied involvement with Chris prior to her telling Steven that she wanted a divorce. She indicated that they started their relationship in July of 2004. She admitted that they worked together at Lowe's and that they had a lot in common. She and Chris did not move in together until March of 2005. She noted that the relationship she had with Chris was not kept secret from the middle of July forward. Steven Greene: At the time of the evaluation Steven was 37 years old and working as a dispatcher for the Dickinson College police force. Steven had been at that job for only one week at the time of his first appointment. Steven was working from 11:00 p.m. to 7:00 a.m. Tuesday through Saturday nights. Steven lives with his mother, so it was she who was providing the care while Steven was at work. There was some indication that Steven had changed jobs at some time during or after the evaluation, but neither he nor his mother shared that information. Steven's mother lives in an old farmhouse which has been remodeled. The interior and exterior of the home is in very good condition. The house is located on approximately 70 acres of land and Steven's brother lives next door to him. The house is in a rural area of the Newville- Upper Mifflin Township and is part of the Big Spring School District. A school bus stop is located in front of the house. Abby and Connor have their own bedrooms on the second floor of the house. The rooms were very well-organized with many toys. Haydee Greene admitted that it is she who keeps the children's rooms clean. Mrs. Greene conducted the tour of the house and provided answers to many of the questions. She spoke of the many safety features in the house, some of which were somewhat extraordinary. Page 9 Greene v. Greene Observations of the family occurred at the house. The children seemed comfortable in their father's environment and proud of the many toys that they possessed. It was clear that Mrs. Greene is the head of the household. She was the parent who was most stern with the children if they needed it. She did not directly participate in the activity chosen by the family, but she watched closely and gave comments. Steven organized the activity and gave suggestions as needed to keep the activity going. He laughed with the children and was an active participant. The children were well-behaved, so Steven did not have to provide many limits. He stopped Abby on one occasion as she became overly rambunctious. Abby responded to her father's direction without difficulty. Abby's behavior looked very similar in her father's and mother's homes. Connor was very cooperative with his father's directions and with the other children. The children's cousin was present for the home visit. Connor was able to play in an age appropriate manner with his cousin. The play was active and enjoyable for the entire family. No problems were noted in this observation. Steven has one brother. His father was a veterinarian who is deceased. His mother is of Cuban decent and the family has many ties to relatives in Florida. Steven's brother is an attorney who lives next to his mother. Steven has a niece, Kathryn, who likes to play with her cousins at her grandmother's home. Steven presented as a casually dressed, well-groomed man. He was prompt in attending his appointments. Steven's mood was serious and his affect was subdued and appeared controlled. Steven demonstrated moderate cooperation with the process. Steven objected to taking his psychological testing on one day and asserted that he wanted to be interviewed instead. Steven also became abrasive with the staff when he was uncertain as to the reason for a process or when he did not feel that something had occurred in a way he wanted. In fact, there was a moderate degree of paranoia in his cautious, guarded manner. These behaviors and attitudes exhibited by Steven were experienced by other individuals who have had to deal with him, including Mrs. Flurry, Ms. Williams, Dyanne Sage (the home evaluator) and Susan Smith (Dr. Shienvold's assistant). Steven completed the MMPI-2. His profile is valid, but shows considerable amounts of defensiveness in answering questions. His profile is consistent with an individual who is trying to make a favorable impression by denying any types of problems, including those that are commonly experienced. Iri spite of the defensive responses, the profile reinforces that which was observed in other parts of the evaluation. Men with this profile harbor feelings of hostility and resentment, especially towards family members. Those feelings may be expressed directly or passive-aggressively. Additionally, men with this profile tend to show rigidity in the way they think and are extremely oversensitive, guarded and stubborn. They are likely to over-react to social stimuli and become argumentative. Their assertiveness can lead to social conflict. Similar men are effective in their day to day interactions and they tend to enjoy social situations. There way of dealing with uncomfortable feelings is likely to be through projecting their feelings and responsibility onto others. They tend to harbor grudges and feel like victims. Page 10 Greene v. Greene Because of Steven's defensive response style, the results of the STAXI-2 are questionable. The STAXI-2 is an instrument that measures an individual's experience of anger in the present situation, and more generally. The STAXI-2 does not have its own validity scales, so one must use other measures to determine if responding was defensive. In this case, the MMPI-2 validity scales show considerable defensiveness, so one can assume that the responses on the STAXI-2 have been affected by the same factors. The PSI also has a defensive responding measure. Steven's profile indicates that he was defensive in his responses on that scale, as well. As a function of the results on the MMPI-2 and the PSI, the STAXI-2 scales are likely to be submerged below their actual levels. The results as they appear on Steve's profile indicate that he felt very little anger at the time of the testing. The results suggest that he felt no strong urge to express anger either verbally or through physical means in the current situation. His results indicate that he denies being characteristically angry. He is about as likely as the average person to experience feelings of anger quickly or with little provocation. On the other hand, he responded that he rarely or never experiences anger when he feels that he is being mistreated or obstructed by others. That particular result is inconsistent with the reports of Nissa, her father and the school personnel who saw his anger flare when they provided him with feedback about Connor. Steve's scores are in the moderate range for the outward and inward expression of anger. That means that Steve admits that he sometimes reacts to anger-provoking situations in an outwardly hostile and aggressive manner. That is generally viewed as healthy in that most people experience that type of reaction at some point in their lives. Steve also reported that he controls his anger about as well as the average individual. Most striking in Steven's presentation was his completely negative attitude and remarks about Nissa. Steven appeared obsessed with presenting negative information about Nissa. He was unable to stay on the subject of any given interview because he would redirect the conversation into some allegation about her. Steven repeatedly indicated that he put "truth" above other values, but it became apparent from the interviews and reports of other individuals that Steven's view of the "truth" was not consistent with other's perception. Steven could name almost nothing positive about Nissa as a parent. He stated after much thought that she was a decent parent when the children were infants. Currently, he feels that she might play with the children fairly well, but he did not feel that the play occurs in a safe way. Steven thought that it might be alright for the children to see her "once in a while." As noted above, Steven totally denied ever being abusive towards Nissa. He indicated that there may have been one occasion when they became physical with one another, but his behavior was in defense of himself. Steven reported that he is an excellent parent who has "dedicated my life to my children." He feels that he presents the children with excellent values, Steven reported that he tries to teach respect to the children and the importance of family. He disciplines the children by talking to them, using a time-out or by taking away a privilege. Page II Greene v. Greene Steven completed PSI's on each of the children. Again, these tests must be interpreted with some caution because of the tendency towards defensive responding. The instrument is intended to measure characteristics of the child and the parent that may lead to stress in the parent-child dyad. With respect to the Parent domain, Steven perceives himself as a very competent parent. He puts himself in the bottom 10% of parents who experience problems with their competency. Steven does not perceive himself as being isolated in his role and he sees no role restrictions on his parenting. Steven denied that health problems or depression affect his ability to parent and he does not feel that his spouse creates problems for him in being able to parent the children. Steven feels strongly attached to each of his children. However, Steven places himself between the 97'b and 99' percentile in Life Stress, meaning that he has experienced life changing events that create a tremendous amount of stress for him. He simply denies that those stressors create any problems for him in his relationships with the children. Nissa Greene: Nissa Greene is 34 years old. At the time of the evaluation Nissa was not working outside of the home. She had recently stopped working for Lowe's in order to care for her children and the children of her significant other, Christopher Umberger. Nissa lives with Mr. Umberger and his two children, Dustin and Alex, in New Kingston, PA. The house is a single family residence that has undergone considerable renovation. The house appeared to be in very good external and internal condition. The house sits on heavily traveled Route 11 and there is virtually no front yard. However, there is a large backyard with a large vegetable garden. The house is located in Middlesex Township, which is part of the Cumberland Valley School District. There is a school bus stop directly in front of the home. The house has four bedrooms. Alex and Abigail share a bedroom on the second floor which is decorated for a pre-teen. Dustin has his own room on the first floor and Connor has his own bedroom as well. Nissa is from Chambersburg. She has one younger brother with whom she has a strong and loving relationship. Nissa noted that she had ADD and a learning disorder as a child, which was a "burden," but not diagnosed until she went for her preschool certification. She was not a good student in high school, but got into no major trouble at school. She was eventually diagnosed correctly and adapted her life and behavior to compensate for the problems. As a preschool teacher, Nissa did not feel a need to take medications. Nissa presented as a pleasant, cooperative young woman who was compliant with all requests during the evaluation. Nissa's mood was serious, but she also demonstrated a good sense of humor. Her affect varied according to the situation as she showed a range of emotions during her interviews. Nissa was anxious about the possible outcome. She noted that she has never been a competitive person and found it difficult to "fight against" Steven for custody. Page 12 Greene v. Greene She tended to avoid saying negative things about Steven unless she was specifically asked to do so, or unless she was defending herself from one of his claims. Although she reported that she suffered with ADD, Nissa's concentration and attention were very good during the interviews. Her social skills were also appropriate. Nissa was able to present her perceptions in clear and logical terms. There was no indication that her learning disability affected her presentation. Nissa demonstrated an openness in responding to questions. She was willing to admit problems that she had, such as self-esteem issues and being overly passive. She did not tend to blame others for those problems. Nissa reported that she drinks alcohol on a social basis only. She admitted that she has had a glass of wine while the children were present. Nissa does not smoke and she does not use drugs. She reported that her health is very good. Nissa reported that she has been in counseling several times in her life. She and Steve were in counseling together. Also, she entered counseling with her father as an adult to work-out some issues in their relationship. Nissa reported that she perceives herself as a good parent. She believes that a parent needs to show flexibility and yet set limits for the children. She believes limits need to be set in a gentle and nurturing manner. As noted above, Nissa sees her role as helping her children achieve independence. She believes the children need unconditional love and guidance. Nissa uses time-outs as her primary mode of discipline. She will send the children to their room or cause them to lose a privilege. Nissa feels that as a function of her own ADD, she has made routines an important part of hers and the children's lives. The children are expected to make their own beds, brush their teeth and they must engage in physical activity for at least one hour a day. She does not allow a lot of time with video games of television. Nissa reported that bedtime for school is between 8 and 8:30, but is later on non-school nights. There is a bedtime routine consisting of bath time and story time. Nissa cooks dinner for the family and dinner time is between 6 and 7:00 p.m. Nissa was able to name strengths associated with Steven's parenting. She reported that during the time they lived together, she may have done more with the children, but Steven participated in most care tasks. She stated that the children did not have specific alignments with either parent during that time. Nissa also spoke of the rich cultural background that Steven and his family offer the children from his Cuban heritage. She reported that she is actually shocked at Steven's behavior since the separation. Although she felt that he was abusive to her, she did not feel that he would use the children to hurt her in the way that he has. Nissa completed the MMPI-2. Her profile is valid and does not show the defensiveness that is exhibited in Steven's profile. Nissa has answered her questions in a relatively open fashion, although she has appropriately balanced her openness with some self-protection. In spite of the openness, all of Nissa's clinical scales are within normal limits. She has a small elevation on a scale associated with high energy people. Page 13 Greene v. Greene This finding tends to confirm her self-report of being somewhat hyper and energetic. Women with this profile tend to have good coping mechanisms. Nissa completed the STAXI-2. Because of the lack of defensiveness on the MMPI-2, it is assumed that she was not defensive on the STAXI. Nissa's results indicate that she was not angry at the time of her testing. She showed no propensity to express anger either physically or verbally. Additionally, Nissa's testing indicates that she is not characteristically an angry person. She scored in the low range in Trait Anger, especially as it occurs in response to other's attacks on her. She shows a moderate degree of elevation in the expression of her anger, which implies that she is a likely as the average person to express anger. Nissa shows a high degree of control over the expression of her anger both in outward and inward directions. These findings are consistent with observations of Nissa during the evaluation. Nissa's interactions with her children were observed during the evaluation. Present during the observations at Nissa's home were Chris, Alex and Dustin. The family decided to play the game, Sorry, as an activity. It was immediately noticed that the family collaborated and cooperated in the set-up of the game. While doing this, the various family members made reference to other games that they had played together. Everyone was familiar with the rules and the family appeared to be genuinely enjoying themselves. Abby was very affectionate with her mother. She sat very close and snuggled with Nissa throughout the visit. She referred to Mr. Umberger as Chris and was also affectionate with him. Connor and Dustin were in constant conversation throughout the game and appeared to have a very close relationship. Alex was friendly with everyone present. Mr. Umberger demonstrated a relaxed, positive approach to dealing with the children. He smiled frequently and did not demonstrate any favoritism during the game. Both parents enforced rules appropriately. Nissa organized the children throughout the game and set limits as necessary. There was continuous laughter and no negative interactions. There was great closeness demonstrated between all family members. These observations achieve greater significance because the children transitioned to their mother's house just minutes prior to the observation. Therefore, there was no time for the children to adjust to being in another household. One would have expected more sullen, less enthusiastic behavior if there are truly transition problems. Nissa completed the PSI's on each child. With respect to the Parent domain, Nissa perceives herself as a competent parent. She places herself between the 75' and 90' percentiles as compared to other parents. Additionally, Nissa believes that she has an exceptionally strong attachment to each of her children. She does not feel that depression or health problems interfere with her ability to parent. Nissa does not feels isolated or restricted in her ability to parent, except for the interference that her spouse presents. Page 14 Greene v. Greene Abigail Greene: Abby is seven years old. Her mother describes her as mature, creative and full of life. Nissa states that Abby is an "old soul" as a function of her maturity and grace. She can be stubborn and her own person, but she is also polite and "full of Grace." Abby is very affectionate and good with animals. Steven described Abby as fantastic, smart and very aware of her surroundings. She is open about her feelings, but always returns from her mother's house in a bad mood. It is only after being with him for a while that she "returns to her normal self." Steven reported that Abby seems to take note of how people treat her. Abby is in the second grade at Big Springs/Newville Elementary School. Steven reported that Abby initially did well in school, but lost her concentration during the Court date "because Nissa came to see her at school during lunch." Steven noted that he would NOT put Nissa on the emergency contact list at school or on any of the school forms. According to Steven, Nissa is too hard to contact, so he left her off the forms. It is his mother who is in that place. Nissa talked about the fact that Abby is a B+ student. Abby has some difficulty with spelling and Nissa fears that she could have inherited some of the reading problems that Nissa experienced. Nissa indicated that Abby is good in math and likes science. Abby's first grade report card indicated that she is achieving at grade level. Abby does well socially. She has friends and enjoys being with other children. Steven noted that Abby also does well with adults. Abby is very active in the youth ballet. The program she attends includes daily practices in the summer. Nissa reported that Abby is in excellent physical health. As a younger child she had bowel problems, but they seemed to have cleared. Steven reported that Abby suffers from repeated vaginal irritations. Abby's appetite is relatively good and she is a good sleeper. Both parents appear to agree on that fact. As noted above, Abby was taken to a social worker (Steve reported that she was a psychologist) for several visits without Nissa being informed. Marty Williams felt that Abby was experiencing anxiety secondary to the separation of her parents. Steven reported that Abby is "very snappy" upon returning from her mother's house. She is more aggressive. Steven believes that Abby is aggressive because that behavior is modeled by Dustin and Alex. There is no evidence for that claim. Nissa fears that Abby holds "too much inside." Nissa indicated that she has not seen any behaviors that concern her, but she fears she may be missing something. According to Nissa, Abby has said to her, "Daddy hates you." Abby was seen for her first interview when her father brought her to the office. She reported that she was going to be starting the second grade. She likes math and recess and considers herself a "math girl." She did well in school last year, but got a lot of homework. Page 15 Greene v. Greene Abby did not take her homework to her mother's house, but she brought books to her mother's house to read. Abby reported that when she is with her mother they go to the pool and play outside. She enjoys playing Sorry with Dustin and the rest of the family at her mother's house. Abby knew that she visits with her mother on Wednesdays and Saturdays. She reported that her parents stopped living together last year. Abby stated that her father feels "really sad for me and Connor." According to Abby, her father told her that her mom cares more about the other kids than she cares about them. Abby stated that when she told her mother, her mother told her that she cares more about them. Abby is aware that each of her parents want her to live with them. She noted that her father told her that he cares more about them and loves them more than her mother. Abby stated that her father does not like that her mother will drop her off at her grandmother's house. However, Abby stated that when her parents used to live together, her father also dropped her off at her grandmother's house. Abby reported that her mother is always nice to her. Abby indicated that her mother allows her to play what she wants at the house and that she takes her to the pool. Abby noted that her mother cooks for her every night that she is at her house. According to Abby, when she is at her mother's house on the weekends, she goes to bed at 10:00 p.m. Her bedtime at her father's house is around 8 to 9:00 p.m. She noted that her mother always tucks her in at night. Abby stated that her father told them that he used to love mommy. According to Abby, Steve told them that he was upset with mom because "she wouldn't come home and her friends told her she was doing the right thing of being with Chris." Abby then stated that she hated Chris. Abby stated that Chris is mean to his kids because he tells them to clean their rooms. On the other hand, he is not mean to her. In fact, she stated that he is "a little nice" and that he is "really nice to mom." Abby stated that she shares a room with Alex, but wishes she had her own room. Abby stated that Alex plays Barbie's with her and that they do "girl things." They also have a Play Station at their mother's house. At her second interview, Abby stated that Alex is a friend of hers, "but not a good friend." She noted that they sometimes get into fights, but her mother makes them say they are sorry to one another. They then have to hug and play nice. Abby added, "It works to do it that way." Abby reported that she was looking forward to going to Myrtle Beach with her mother on vacation. She reported that her father told her to have fun, but to be careful while on vacation. Abby reported that she and her maternal grandmother went out and got a paper on water safety. Her father told her to give it to her mother, who thanked her and said, "Good, we need one." Abby reported that they do many things with their father's mother. She stated that they run errands and buy clothes and things with her. Page 16 Greene v. Greene According to Abby, her grandmother wakes her in the morning because Abby sleeps with her. She noted that she does not sleep with her mother because her mother does not allow her to do so. However, Abby reported that Connor sleeps with her dad. She stated that sometimes she sleeps with her father. Abby reported that her father will tell her not to do something and she is sent to her room when she misbehaves. At her mother's house, Abby is told to stand in the comer for seven minutes. She is never spanked. Abby noted that her father would be unhappy if she spent more time at her mother's house. Abby likes that she has dogs at her father's house. Abby noted that her mother has snacks at her house for them to eat. She reported that it is not true that her mother does not feed her good meals. However, her father tells her that macaroni is not "a real meal." Abby finished her interview by saying that her father tells her that he loves her more than her mother." Abby stated that she believes him, but she does not know why. Each parent completed the PSI for Abby. Neither parent perceived Abigail as having any characteristic that created significant stress for the relationship. Each parent feels that Abigail reinforces them in their role as parent and they each find her behavior and characteristics to be within their expectations. Connor Greene: Conner was five years old at the time of the interview. Nissa described Connor as a "bundle of energy." He is very affectionate, loving and tactile. Connor loves to give hugs and likes to participate in sports. Interestingly, Nissa stated, "He is like his dad." Connor is a child who "what you see is what you get." Steven described Connor as very easy-going and will talk about anything. According to Steve, Connor wakes-up happy every day. He is athletic, smart and also getting into ballet. Connor is verbal and will speak his mind on any topic. Steven reported that Connor is sensitive and a blend of leader and follower. Conner started kindergarten this year. He was previously in preschool where he did well. According to Steve, Connor connected with the other children at the HACC preschool. Nissa noted that Conner has a speech articulation problem. She was also concerned about his concentration span and wonders if he has attention deficit disorder. Interestingly, during the school year, it was recommended to Steven that Connor start speech therapy at the school. Steven reported that he jumped at the opportunity and also informed Nissa of the need, but that she showed little interest. Nissa reported that Steven did not immediately share the information with her and that, in fact, he was very angry and belligerent with the teachers after the recommendation. Page 17 Greene v. Greene In discussing the situation with Connor's teacher, Nissa's story was most consistent with the teacher's. Mrs. Furry reported that Steven was very upset and "blew a gasket" initially. She noted that Steven returned later and allowed Connor to be in speech therapy. She also noted that Steven talked negatively about Nissa constantly. Mrs. Furry indicated that Nissa has been very easy to work with and that she has been very helpful in Connor's classroom with all of the children. Connor is doing relatively well in school according to Mrs. Furry. Connor's physical health is relatively good. He has a very good appetite and he is a good sleeper. Although Steven reported that the children never bath or shower at their mother's house, it appears that the children take baths or showers at both parents' houses. Steven stated that Connor does not like to hear negative things about anything. He stated that Connor gets "quiet" prior to his visits with is mother and that it takes him a half day to be alright after transitions. Nissa reported that Connor can get very emotional and "acts-up, not out." He will do attention getting things, especially if he feels the girls are "bugging him." According to Nissa, Connor has asked her, "Mommy what is white trash," because his dad has used that term. At his interview, Connor stated that he was 5 %: years old and will be going to kindergarten. Connor reported that his father and mother don't live together. He stated that he lives with Chris, who is sometimes "a little mean." He stated that Chris told Alex to stand in the corner one time. According to Connor, he and Dustin play once in a while. Dustin likes to play army with Connor. Connor stated that at the farm (his father's home) he lives with his father and his grandmother. Connor was proud that his grandmother can speak five languages. Connor stated that his grandmother cooks him meals, helps him get dressed and helps clean his room. He noted that his father cooks dinner at the house. Connor reported that his father takes him to the fair, goes outside and plays with him. Connor noted, "Daddy only liked mom because she gave him us." Connor stated that his father told him that his mother broke-up the family. Connor also noted that his mother did not tell the truth about kissing Chris. Connor stated that his mother does not say bad things about his dad. He stated that his father is very mad at his mother, but his mother is not mad at his father. Connor noted that when they go to his mother's house, his father is upset and yells at mom. Connor reported that his father slams the door "hard" when he is at Chris' house. Connor stated that when his mother and father were together, "My mom wouldn't do anything. She would do stuff we always did, like playing in the park or playing inside with us." He stated that his father taught him to ride a bike, but his mother taught him to ride without training wheels. Nonetheless, Connor stated that his father taught them everything. Connor reported that he remembers that his father used to get mad at his mother when they were together and he would yell at her. Page 18 Greene v. Greene The parents' PSI results for Connor show that neither believes that he has significant behaviors or characteristics that create stress. However, whereas Nissa believes that Conner's distractibility and irritability are in the 55' percentile, Steven placed it in the 4' percentile. That is a significant difference. However, Steven does not feel that Connor is as adaptable as Nissa sees him. She placed Connor in the 10th percentile in that category, whereas Steven placed him in the 70" percentile. The other categories were relatively equal. Christopher Umbereer: Chris is 31 years old. He works at Lowe's Home Center as a department manager. Chris has been with Lowe's for the last 12 '/z years. Chris enjoys his work. He works 48 hours a week and has one weekend free every four week period. Chris was born and raised in Carlisle. He is the third oldest child having three sisters. Chris reported that his parents divorced and he lived with is mother. However, he was ultimately raised by his paternal aunt and uncle, who adopted him. Chris always had contact with his father, but very little contact with his mother. Chris went to Cumberland Valley Schools and graduated in 1993. He has been working at Lowe's ever since. Chris has been married three times. His first marriage occurred before he graduated from high school. Chris was 18 and his wife, Jennifer Walters, became pregnant while they were in school. They were married for two years and had two children, Dustin and Alexander. Chris has primary custody of the children because Jennifer asked him to do so. Chris' second marriage occurred in 1996. He was married for one year, but reported that they "grew apart." He doesn't feel that he was mature enough in either of his first two marriages. Chris noted that his parents and his sister help him a great deal with the children. During the marriage, Chris became involved with another woman and his marriage ended. Chris' third wife, Michelle, lived with him for two years prior to them getting married in 2002. They broke-up in 2004 and remain separated. According to Chris, they argued a great deal and separated frequently. Chris and his parents did not feel that Michelle was treating the children correctly. Finally, Chris decided to move away from Michelle and that "ended things." Chris reported that he and Nissa were "friends" at that time, but had not started a relationship. He reported that the split from Michelle was relatively amicable. He stated that the children were not upset with his last break-up because Dustin and Michelle did not get along. Alex liked Michelle more than Dustin, but they were never really connected. On the other hand, the children appear to love and accept Nissa. Page 19 Greene v. Greene Chris noted that he really does not know Steven, but Steven shows a lot of anger towards him. According to Chris, Steven would call the house up to 16 times in a day and try to bait him into meeting with him. Steven would threaten him and continues to show anger and contempt at drop-offs. According to Chris, he has excellent relationships with each of the children. He reported that Connor is a "handful," but in a good way. Abby and Alex are very connected and inseparable during visits. Chris has heard the children say that their father doesn't like him, Nissa or Alex and Dustin. According to the children, Chris' house is not mommy's house. Chris presented as a casually dressed, cooperative young man. He appeared for his appointment on time and seemed open during his interview. However, he also appeared to he very anxious. He sat somewhat rigidly in his seat and stumbled a little in his speaking. Chris maintained eye-contact and he seemed to be able to offer his opinions without difficulty. Chris was somewhat cavalier about the fact that he had been married three times. But, to his credit, he appeared to genuinely be concerned about his children's welfare. Chris did not demonstrate any symptoms of serious psychiatric problems. There were no cognitive distortions and he did not appear depressed. The anxiety present seemed to be situational. Chris reported that he has a couple of beers perhaps one or two times per month. Chris denied any problems secondary to drinking. He has never been in trouble with legal authorities. Chris does not smoke and he uses no drugs. Chris has never been treated for a psychiatric disorder. He denied any previous symptoms of anxiety or depression. Chris completed the MMPI-2. His profile is valid and does not show any significant defensiveness in the response pattern. Men with this profile tend to be very self-confident and self-assured. All of Chris' clinical scales are within the normal limits. Chris may be interpersonally sensitive, but he also possesses good coping skills. Haydee Greene: Mrs. Greene is a 62 year old woman who was cooperative with the evaluation process. She indicated that she is semi-retired. Trained as a nurse, Mrs. Greene now works as an interpreter for several county courts and for the federal court. She speaks several languages and is fluent in Spanish. Mrs. Greene is of Cuban decent. Mrs. Greene was very supportive of her son's position with respect to custody. She believes that the children are hearing inappropriate things at their mother's house. For example, she stated that Abby was talking about the difference between being gay and being a lesbian because she heard Alex talking about it. Mrs. Greene also felt it was inappropriate that Nissa had told Abby that she could wear a bra. Mrs. Greene has told Abby that it is wrong to talk about any of that stuff. Page 20 Greene v. Greene According to Haydee, Nissa has also told Abby that she does not have to listen to Haydee or Steven. Haydee also reported that Nissa has told Abby that she wished grandmother and daddy "would die." Mrs. Greene reported that when Connor returns from visits with his mother, he "kisses the wall and says it is good to be home." She also reported that the children tell their father on Saturdays when he speaks to them on the telephone that they want to come home. Steven will tell the children that they have to stay at their mother's house. Steven recently told the children that they will be with their mother for the Christmas holiday and the children acted very unhappy. Haydee reported that even prior to her retirement she spent a considerable amount of time with the children. She would frequently take Abby for the weekend when Steve and Nissa were together. She noted that Nissa would pump breast milk so Abby could stay with her. Haydee reported that she is close to all of her children and is a part of their lives. Haydee implied that Nissa was not a very good choice of wife for Steven, but she had a rule for her children, "Don't sleep with a girl you can't spend the rest of your life with." Once Steven was certain he wanted marriage, she supported the marriage. Haydee admitted that during the marriage Nissa complained to her that she and Steven argued too much and that Steven would get angry. She suggested counseling, but she never heard Nissa say that Steven was "mean." Haydee stated that Nissa always had problems caring for two children at the same time. According to Haydee, it was Steven who would always care for the children. Additionally, he did all of the cooking. Haydee admitted that Nissa's father offered to pay for anger management counseling. She reported that Steven did not feel he needed that and Nissa refused to go to counseling. According to Haydee, Steven was given the advice by his attorney to leave the house and take the children with him. She admitted he went to his sisters first and then came to her house. Haydee stated that she and Steven "tag-team" caring for the children. She stated that she has a very good relationship with the children and they always come to her when they have a problem. Haydee reported that she became concerned that Abby was sexually abused at her "grammie's" house when she was two years old. Haydee reported that Nissa and her father believed that her step-father had abused Abby and wanted to keep her away from him. However, they never reported it to the "system." Haydee stated that she is involved in every aspect of the children's care. She also helps them with their work and takes them to their activities when Steven is unavailable. Haydee reported that she neither smokes nor drinks alcohol. She is physically healthy and denies any previous treatment for anxiety, depression or any other psychological disorder. Haydee denied any problems with legal authorities. She also denied that there was any domestic violence in her family or in her marriage. Page 21 Greene v. Greene Haydee presented as an assertive, opinionated woman who strongly supported Steven's view that Nissa was an inadequate parent, at least towards the end of the marriage. She also implied that Nissa's father was supportive of Steven at the time that the marriage was breaking-up. Haydee is a strong personality who seems to be the person in control in the household with the children. Dennis Daugherty and Nancy Meride: Dennis is Nissa's father. He noted that Steven and Nissa lived with him from 2002 to 2004. Dennis is very concerned about the environment in which his grand children are living. He stated that he has no concerns that Steven not will meet the children's basic needs, but he is very concerned about Steven's anger. He stated that Steven is very vindictive and controlling. During the time he lived with Dennis, Steven displayed "irrational anger." He was very controlling and Dennis fears that he is trying to eliminate all of Nissa's time with the children. Dennis noted that after the separation, the tires of his car were slashed. He believes that Steven did it in retaliation because Nissa would not do something with the children that he demanded. Dennis feels that Steven has a drinking problem. He noted that Steven would come home drunk after school when he was attending HACC. He stated that he witnessed Steven driving at a high rate of speed when he had the children. Dennis reported that he confronted him on that issue. In fact, Dennis brought in a newspaper article showing that Steven was stopped for a DUI, but Dennis was uncertain as to whether Steven was ever formally charged. On the other hand, Dennis and Nancy described their daughter as very easy-going. They noted that Nissa was dyslexic as a child, but she overcame that problem when she went to the School of Arts. Contrary to Steven's report, Dennis noted that Steven wanted Nissa out of school. It was for that reason that Dennis offered to allow them to live with him and to have free rent. On that basis, Steven was willing to allow Nissa to go to school. Dennis noted that Steven lied to him about money. He allegedly denied getting unemployment payments, when, in fact, he was. Dennis reported that he confronted Steven about his physical abuse of Nissa. According to Dennis, Steven admitted that he should not have been physically violent. However, Steven later took a knife and cut holes in Nissa's clothing. Dennis also reported witnessing Steven rage and throw and kick a dog. Dennis subsequently paid for anger management classes for Steven, but he quit. Dennis reported that he had to put parental controls on the television because Steven would allow the children to watch mature programming. Nancy reported that when she watches Connor, he make statements such as, "Daddy says mommy lies." Additionally, Connor has said that his mother won't want to take him places. She feels that Steven is into ownership of the children and wants to hurt Nissa. Page 22 Greene v. Greene She indicated that Steven brags about his contact and influence with police departments as a way of intimidating them. Dennis reported that contrary to what Steven says, the children do not want to return to their father's at the end of visit with their mother. Nancy and Dennis like Chris. They feel that he has been good to Nissa and the children. They noted that when they watch the children playing, they seem to get along very well with one another. Finally, Nancy reported that during the marriage she told Steven that he must stop being abusive to Nissa. In response, Steven refused to allow Nancy to watch the children. Summary and Recommendation: At this time, Abigail and Connor Greene are in the temporary, primary custody of their father during the school year. This past summer, the children's custody was shared between the parents. The arrangement has been this way since the end of the summer, 2004. Nissa feels that the arrangement needs to be reversed so that the children are primarily in her physical custody and their father has periods of partial custody. On the other hand, Steven feels that Nissa's time needs to be limited with the children to a minimal amount. It is strongly recommended that primary physical custody of Connor and Abigail be given to their mother as soon as possible. There are many reasons that such a change is necessary, but the most compelling is the conscious and malicious attempts of Steven to alienate these children from their mother. The primary custodian has an affirmative obligation to encourage the relationship between the non-custodial parent and the children. Steven does just the opposite. He repeatedly talks to the children in extremely negative terms about their mother and he discourages Nissa's relationship with them. It is believed that the data supports the opinion that Steven's allegations against Nissa are exaggerated and/or fabricated. However, the data is supportive of Nissa's claims that Steven was abusive during the marriage and has remained so since the separation, Domestic violence or abuse is about maintaining power and control over another individual. Whether that power and control occurs through physical abuse or through some other type of intimidation, the goal remains the same. Steven's behavior since the time of the separation seems to fit that pattern. Additionally, his behavior during the evaluation with this office and his behavior with other professionals and teachers associated with the family suggest the same types of angry, hostile and manipulative motivations. Virtually none of Steven's allegations were supported by the interviews with the children. On the other hand, the children were able to repeat a variety of negative statements that their father has made against their mother. Contrary to Steven's report, the children reported positive relationships with Chris Umberger and his children. Page 23 Greene v. Greene They reported that their mother provides them with very good care. The reports of the children were supported by other data, including the direct observations of the interactions with the children and from the reports of Connor's teacher. Steven continually misrepresented what other professionals had said to him or how he interacted with them. Marty Williams never indicated to Steven that Abby was "probably sexually abused" or that he should be concerned about her time with her mother. She tried to present an air of reassurance about Abby's masturbatory behavior, but Steven only wanted to raise complaints about Nissa. Steven has not paid Ms. Williams for her services, a response that is consistent with passive-aggressive behavior. Contrary to his report, Steven was not initially supportive of speech therapy for his son. In actuality, he responded in an angry and belligerent manner to the teachers. It should be noted that he was also rude and controlling in the beginning of the meeting, even before he knew of the recommendation. Nissa, on the other hand, was supportive of the recommendations and appropriate with the teachers. Steven admitted that he left Nissa off the school record as an emergency contact person. He also admitted that he did not inform her of taking Abby to a mental health professional or of having her examined for sexual abuse. Steven has tried to convince the pediatricians that Connor has been physically abused, and repeatedly asks the children questions about whether they are being harmed in their situation with their mother. It is of great concern that Haydee Greene seems to be supporting all of these actions of her son. Although in her interviews Haydee was less negative about Nissa than Steven, the fact that she allows these behaviors to continue and supports several of the allegations seems to indicate that Haydee is a part of the problem. It should be noted that Steven's MMPI-2 testing and his interviews support the fact that he is obsessed with his anger at Nissa for the break-up of the marriage. He shows a tendency towards paranoia which leads him to misperceive social stimuli and make assumptions that are incorrect. Furthermore, his tendency to deny any problems within himself and to project blame for all of the problems in this situation onto Nissa make chances for change less likely. Steven ignores feedback that should lead to reassurance about concerns that he has about the children. Nissa appears to be the more nurturing parent who is more likely to encourage a relationship between the children and their father and his extended family. Nissa has a strong bond with her children. However, it is feared that if the children remain with their father for much more of an extended period, the odds of them becoming completely alienated from her will increase. There are already signs that Connor is starting to develop some alienation. He repeats his father's statements and is beginning to incorporate them as if they were his own. Abby is starting to believe that her father loves her more than her mother. It has been discussed in the psychological literature that latency age children, i.e. children between 8 and 12 years old, are most vulnerable to the influences of an alienating parent. Page 24 Greene v. Greene Abby and Connor are approaching that age. Chris Umberger appears to be a relatively competent parent who is developing a decent relationship with the children. He has a very bad history with respect to marriage and relationships which leads to considerable concern about the future stability of the relationship between him and Nissa. He seems somewhat cavalier about the effects of these multiple relationships on his children. Nissa also appears to be somewhat naive about the potential problems in the relationship given both of their histories. However, the current evaluation reveals that neither of these individuals nor the environments in which they live are potentially harmful to the children. However, exposure to another broken relationship would not be in any of the four children's best interests. Perhaps the saddest part of this situation is the fact that the children love their father and maternal grandmother very much and it is obvious that Steven and Haydee love the children. Their relationships with them are very close and there is a strong attachment. Steven has the ability to be a very good parent with or without the support of his mother. However, his anger and his need to control and exert his power over Nissa totally negate the positive influence that he can be for the children. The fact that Haydee supports or defends many of Steven's inappropriate behaviors undermines her role in looking after the best interests of the children. Given these factors, the following recommendations are offered: 1. Primary physical custody be given to Nissa. The children should be with their father for periods of partial custody on alternating weekends from Friday after school until Sunday evening at 7:00 p.m. Additionally, Steven should have the children on Wednesday evenings from 5:00 p.m. until 7:00 p.m. This schedule should be maintained the entire year. 2. Each parent be allowed two non-consecutive weeks of uninterrupted vacation with the children 3. The non-custodial parent should be allowed one phone call with the children per day. 4. Nissa should be given sole legal custody of the children. Steven should be allowed access to any information regarding the physical, psychological or academic welfare of the children. However, these parents cannot make joint decisions at this time. Steven has demonstrated that he would not include Nissa in any type of decision-making regarding the children. It is strongly believed that Steven's behavior to date has been an extension of the abuse that occurred within the marriage. It would be unreasonable to expect that a woman who was the victim of domestic abuse should have to try to negotiate with her abuser. Page 25 Greene v. Greene Therefore, Nissa should not have to do that with Steven. However, if Steven attends a 52 week course in anger management, and if the counselors involved believe that he has successfully completed that program, Steven should be able to petition the Court for a return of his legal custody rights. In fact, if he completes such a program, some extension of his physical custody could be entertained for the summer months. 5. It is recommended that Abby and Connor be started in individual therapy. Abby is likely to experience some adjustment problems secondary to the changes that are being recommended. She experienced anxiety at the time of the separation, so one can expect her to do the same at this time. Connor's counseling could serve to help evaluate any possibility of ADHD for him. The counselor could work with Nissa and Steven around providing the appropriate structure and behavioral techniques to help him manage his behavior. 6. Finally, it is recommended that Nissa do some brief, individual counseling so that she may better assess her issues of low self-esteem and passive-dependency and how they affect and influence her relationship with Chris. It is recognized that these are very strong recommendations. However, this is one of the most extreme cases of negative parenting that I have encountered in my many years of doing these evaluations. I only hope that these observations and recommendations are taken seriously and the parties do what needs to be done to ensure a healthy environment for their children. i ?/o Date Arnold T. Shienvold; Ph.D. ?_? ?> ? ( --;? (-J -'? - ?? t= Fir ? N f, d i N . i ? _ .r " Y t.,7 °i3 tS. "'' DEC /2 7 2005 yY STEVEN H. GREENE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-3843 N1SSA M. GREENE, CIVIL ACTION - AT LAW Defendant CUSTODY AND NOW, this day of 200 upon consideration of Defendant's Request for Hearing, a earing is hereby scheduled on the day of 2006, at `"I - 00 4 m. in Courtroom No. 2 of the Cumberland County Courthouse. THE COURT; Hon. Edgar B. Bayley, J. 0 i0 STEVEN H. GREENE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NISSA GREENE, DEFENDANT 04-3843 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this A& day of May, 2006, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Steven H. Greene and Nissa Greene shall have shared legal custody of Abigail Greene, born May 21, 1998 and Connor Greene, born October 7, 1999. (3) During the school year, the children shall stay in the home of their father and be with their mother on the following continuing weekend scheduled: On the first weekend from Friday at 6:00 p.m. through Monday at the beginning of school, or Tuesday at the beginning of school if Monday is a school holiday. On the second weekend, from 6:00 p.m., Saturday through Monday at the beginning of school, or Tuesday at the beginning of school if Monday is a school holiday. On all weekends, if allowed by the school, the mother shall deliver the children directly to school, otherwise, she shall deliver them to the father's home in time for them to take a school bus. (4) Thanksgiving day shall alternate. In 2006, the mother shall have the Thanksgiving day, and in 2007 the father shall have Thanksgiving day. In any year in which the mother has the children on Thanksgiving day, her time with them shall start at 9:00 a.m. and extend to the beginning of school after the Thanksgiving break. (5) The Christmas period shall have two segments: Segment A: December 24 04-3843 CIVIL TERM at 9:00 a.m. to December 28 at 9:00 a.m.; Segment B: December 28 at 9:00 a.m. to 6:00 p.m. on the day before school resumes. The mother and father shall alternate these segments. In 2006, the father shall have Segment A and the mother shall have Segment B. In 2007, the mother shall have Segment A and the father shall have Segment B. (6) During each summer school vacation period, starting on the first Saturday at 6:00 p.m. after school ends until the last Friday at 6:00 p.m. before school begins, the mother shall initially have the children for a continuous three week period, with the father having the next week. This three week - one week cycle shall continue for the remainder of the summer school vacation period. All transfers shall be on Fridays at 6:00 p.m. (7) The parent relinquishing the children shall always deliver them. (8) The parents, without their children, shall obtain co-parenting counseling with InterWorks, 4335A North Front Street, Harrisburg, Pennsylvania 17110 (236-6630). At a minimum, they shall each attend one session individually, and thereafter four sessions together. To the extent that any costs are not paid by their medical insurance providers, they shall divide the costs equally. They shall forthwith cooperate together in securing this counseling. b? -2- 04-3843 CIVIL TERM Samuel L. Andes, Esquire For Plaintiff Jeann6 Costopoulos, Esquire For Defendant :sal -3- STEVEN H. GREENE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NISSA GREENE, DEFENDANT 04-3843 CIVIL TERM IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., May 9, 2006:-- Steven H. Greene, age 37, and Nissa M. Greene, age 35, were married on December 27, 1997. They are the parents of Abigail Greene, age 7, born May 21, 1998, and Connor Greene, age 6, born October 7, 1999. In November, 2001, the parents, with Abigail and Connor, moved from an apartment into the home of the maternal grandfather in New Cumberland. The move was prompted because the father was laid-off from his employment and the mother was pursuing an education. In June 2004, while still living in the grandfather's home, the mother told the father, whom she viewed as controlling and abusive, that she "had enough," and that their marriage was over. The parents continued to live in separate sections of the home. On August 6, 2004, the father, without prior notice to the mother, separated and took the children with him to the home of the paternal grandmother in Newville. The day before he left, he filed a complaint for custody of Abigail and Connor. The father would not let the mother see the children except for one hour at a park where he had a police officer present. The mother filed a petition for emergency 04-3843 CIVIL TERM relief.' On August 27, 2004, an interim order was entered providing that the children stay in the home of their father and be with their mother every weekend from Friday evening at 6:00 p.m., through Sunday at 6:00 p.m., or Monday at 6:00 p.m. if Monday is a holiday. Further interim orders were entered on October 2, 2004, setting a holiday schedule, and on June 14, 2005, setting a schedule for the summer of 2005 in which, with a couple of exceptions, the children alternated week to week in the homes of their parents. Another interim order was entered on November 22, 2005, setting a holiday schedule for Thanksgiving and Christmas for 2005. A custody evaluation was completed, and hearings on the merits were conducted on March 1 and April 12, 2006. The father continues to live in the home of his mother on a sixty-four acre family farm in Newville. His brother and his wife live with their two children, a girl age 6, and a boy age 1, in another home on the property. The father works an 11:00 p.m. to 7:00 a.m. shift five days a week, which includes Saturday and Sunday nights, as a life skills worker for the South Mountain Cornell Abraxas Youth Detention Center. Abigail and Connor attend the Newville Elementary School in the Big Spring School District, where she is in second grade and he is in afternoon kindergarten. On weeknights during the school year when he is working, the father gets home in time to cook breakfast. The children then take a bus to school. He sleeps, and then picks the children up from ' The father testified that the mother asked him to take the children and leave, and that she wanted a divorce. The mother acknowledged that she asked the father to leave, and told him she wanted a divorce. She denied that she asked him to take the children. Her immediate petition for emergency relief after he took the children gives credibility to her testimony. -2- 04-3843 CIVIL TERM school and takes them to ballet lessons which they attend Monday through Thursday. He sleeps some more in the evening before he starts his nightshift at 11:00 p.m. The mother met Chris Umberger, age 31, in the latter part of 2003, when she was working at Lowe's. Umberger has worked for Lowe's for almost thirteen years. She moved into his home in New Kingstown in March, 2005.2 They live with his two children, Dustin, age 12, and Alexandria, age 11. Since moving to New Kingstown, the mother has been a full-time homemaker. She has held several jobs, but does not intend to go back to work anytime soon. Her relationship with Umberger appears to be strong. The four children get along. New Kingstown is in the Cumberland Valley School District, where Dustin and Alexandria, who are both good students, attend. There is an elementary school approximately one mile from the home. The maternal grandparents see Abigail and Connor on many occasions when they are with the mother. Abigail and Connor are doing well in school. Both parents are involved with them at school, the father so much that Connor's kindergarten teacher said that he was "overly" involved, although he has improved. The teacher testified that the father has said disparaging things about the mother, especially in the beginning of the school year. The children, who started taking ballet classes when they lived with both the parents, now take ballet every afternoon after school except Fridays when they go with their mother. During the periods last summer when the father had them, they went to ballet 2 New Kingstown is about a 30 minute drive from Newville. -3- 04-3843 CIVIL TERM lessons and swimming lessons each day. While the parents were living together, there were times when they both worked and other times when one or both were pursuing an education. In the earlier years, the mother was the primary caretaker. In the latter years, based on their various work and education schedules, they participated about equally in the care of the children. The father is actively involved in all aspects of the children's lives. He seeks shared legal custody of Abigail and Connor, and primary physical custody with the mother having them every other weekend. While he acknowledges that the mother is very close to the children, he maintains that he can better attend to their needs, and can better provide them stability. The mother seeks legal and physical custody based on the recommendation of Arnold Shienvold, Ph.D. Dr. Shienvold specializes in child clinical psychology and custody evaluations. He conducted an independent custody evaluation in this case. Dr. Shienvold testified that Abigail and Connor are close to and have bonded with both parents. They are strongly attached to the paternal grandmother. As a result of MMPI's and his clinical evaluations, he found that the mother and Chris Umberger are within a normal range, but the father exhibits elements of paranoia. He is suspicious, and has a hostile, angry component reflected by rigid thinking that projects blame upon others and deflects blame from himself. He lacks insight on how his anger towards the mother affects the children. He has been unwilling to have any -4- 04-3843 CIVIL TERM conversations with the mother involving decision making regarding the children.' The father has acted unilaterally in many aspects of the children's lives.` He tells the children that he loves them more than the mother, and that their mother cares more about Chris Umberger than them.5 He tells them that "the truth will make them free."e He has planted seeds of alienation between the children and their mother. He is in need of extensive therapy in this regard. Dr. Shienvold found that the mother sees positive aspects in the father and in his family's involvement with Abigail and Connor. She recognizes her own weaknesses. Her involvement with Abigail and Connor is positive, and nothing, including what the children say about her, supports the father's many allegations against her. Dr. Shienvold has serious concerns that if a change in primary physical custody is not made, there is substantial potential for the father's conduct to damage the children's relationship with the mother as they grow older, especially around the ages of 8 and 10. He is of the opinion that primary physical custody and sole legal custody of Abigail and Connor should be awarded to their mother. He believes that she is the 9 The mother testified that the father will not talk to her about any matters concerning the children. Her phone calls with the children are "awful" because they are monitored, and the children are forced to stop talking after short periods. ' For example, he spitefully did not place the mother's name as an emergency contact person on school information forms. 5 This was reported to Dr. Shienvold by the children, but denied by the father. 5 He acknowledges saying this to the children. -5- 04-3843 CIVIL TERM more sensitive and nurturing parent, that she is completely capable of caring for the children, and clearly more capable of encouraging the children's relationship with the other parent. Jeffrey L. Lensbower, a psychologist, reviewed Dr. Shienvold's report for the father. He did not meet the children, the parents, or conduct a custody evaluation. Based on Dr. Shienvold's report, Lensbower was of the opinion that both parents would benefit from co-parent counseling, and that the father should be ordered to receive anger management therapy. Kenneth G. Small, Ph.D., a psychologist, talked with the father and reviewed Dr. Shienvold's report for him. He did not meet with the mother or the children. He primarily deals with the treatment of children and families in split family situations. He does not conduct custody evaluations. Dr. Small was of the opinion that the father does not need anger management counseling at this time. The father told him that the mother was a good mother, and that there are no problems with her parenting skills. Dr. Small was of the opinion that the recommendation for custody by Dr. Shienvold was not supported by his data or clinical evaluation. He stated that the data indicates that the father interprets things with some suspiciousness, but does not exhibit traditional paranoia. He believes that at some point the father's suspiciousness will alleviate. A determination of a child's best interest is on case-by-case basis, and is to be premised upon consideration of all facts that legitimately affect the child's physical, intellectual, moral and spiritual well-being. Alfred v. Braxton, 442 Pa. Super. 381 -6- 04-3843 CIVIL TERM (1995). We are to consider the testimony of expert witnesses, but are not under an obligation to accept their conclusions. See Murphey v. Hatala, 350 Pa. Super. 433 (1986). In the case sub judice, the mother and father are capable, loving parents. Each has the ability and desire to provide the care necessary to meet the needs of Abigail and Connor. The father is bitter about the breakup of his marriage, and seemingly does not understand his deficiencies which contributed to that breakup. We agree with Dr. Shienvold that his conduct and unwillingness to cooperate with the mother creates a risk to the children. Notwithstanding, at this time there has been no significant harm. Ideally, these capable parents should share physical custody of their young children to the extent reasonably possible, considering that they live in different school districts. We will frame such an order, and further direct that the parents attend co-parenting counseling. If the father does not cooperate with the mother to make this custodial arrangement work in the best interests of the children, and/or continues conduct that results in any alienation of their children with their mother, we will on petition and proof thereof, consider changing the order to provide the mother primary physical custody and sole legal custody. ORDER OF COURT AND NOW, this _!?JC day of May, 2006, IT IS ORDERED; (1) All prior custody orders are vacated and replaced with this order. (2) Steven H. Greene and Nissa Greene shall have shared legal custody of Abigail Greene, born May 21, 1998 and Connor Greene, born October 7, 1999. -7- 04-3843 CIVIL TERM (3) During the school year, the children shall stay in the home of their father and be with their mother on the following continuing weekend scheduled: On the first weekend from Friday at 6:00 p.m. through Monday at the beginning of school, or Tuesday at the beginning of school if Monday is a school holiday. On the second weekend, from 6:00 p.m., Saturday through Monday at the beginning of school, or Tuesday at the beginning of school if Monday is a school holiday. On all weekends, if allowed by the school, the mother shall deliver the children directly to school, otherwise, she shall deliver them to the father's home in time for them to take a school bus. (4) Thanksgiving day shall alternate. In 2006, the mother shall have the Thanksgiving day, and in 2007 the father shall have Thanksgiving day. In any year in which the mother has the children on Thanksgiving day, her time with them shall start at 9:00 a.m. and extend to the beginning of school after the Thanksgiving break. (5) The Christmas period shall have two segments: Segment A: December 24 at 9:00 a.m. to December 28 at 9:00 a.m.; Segment B: December 28 at 9:00 a.m. to 6:00 p.m. on the day before school resumes. The mother and father shall alternate these segments. In 2006, the father shall have Segment A and the mother shall have Segment B. In 2007, the mother shall have Segment A and the father shall have Segment B. (6) During each summer school vacation period, starting on the first Saturday at 6:00 p.m. after school ends until the last Friday at 6:00 p.m. before school begins, the mother shall initially have the children for a continuous three week period, with the -8- 04-3843 CIVIL TERM father having the next week. This three week - one week cycle shall continue for the remainder of the summer school vacation period. All transfers shall be on Fridays at 6:00 p.m. (7) The parent relinquishing the children shall always deliver them. (8) The parents, without their children, shall obtain co-parenting counseling with InterWorks, 4335A North Front Street, Harrisburg, Pennsylvania 17110 (236-6630). At a minimum, they shall each attend one session individually, and thereafter four sessions together. To the extent that any costs are not paid by their medical insurance providers, they shall divide the costs equally. They shall forthwith cooperate together in securing this counseling. Samuel L. Andes, Esquire For Plaintiff Jeann6 Costopoulos, Esquire For Defendant :sal Edgar B. Bayley, J. -9- l C ) 27 -; Z ?t s is ? N STEVEN H. GREENE, Plaintiff VS. NISSA GREENE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3843 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY AND REQUIRE COUNSELING AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to modify its last custody order in this matter, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties are the parents of two minor children, Abigail Green, born 21 May 1998 and Connor Greene, born 7 October 1999. 3. The said children are the subject of an order of custody entered by this court on 9 May 2006, following a hearing, a copy of which said order is attached hereto and marked as Exhibit A. 4. Since the entry of that order, circumstances in the lives of the children have changed which mandate a change in the custody schedule set out in that order. Those changes include: A. The mother has moved to a new location and is currently living with her adult brother. That location is significantly further from the children's home with Plaintiff. B. The house in which Defendant is living is not completed. As a result, it does not have fully-functioning bathroom, kitchen, and other services and the children do not have separate bedrooms. C. The children are older, are more engaged in their activities, and the schedule which provides the majority of the summer school vacation for the Plaintiff is no longer appropriate or fair to the children in light of those activities. D. Mother's present home does not provide a stable or wholesome environment for the children. 5. Because of the difficulties experienced by the children as a result of the frequent moves and other changes in the mother's life, as well as the inability of the parties to communicate and cooperate in parenting the children, Petitioner believes that counseling would be beneficial and requests co-parenting or family counseling. 6. Plaintiff believes it is in the best interest of the children that the current custody schedule be modified in the following fashion: A. To permit the children to be in his primary custody year round; and B. To require the Defendant to obtain suitable housing for the children when they are with her. C. To require the parties to participate in a continuing program of family counseling or co-parenting counseling. WHEREFORE, Plaintiff prays this court to modify its last order of custody to award him primary physical custody of the children and to address the problem created by the lack of suitable housing which the Defendant provides for the children when they are in her custody and, further, to require the parties to participate in a continuing program of counseling for themselves and the children. 1 . An e Attorney for Plaintiff Supreme Court ID # 17225 525 North 12t' Street Lemoyne, Pa 17043 (717) 761-5361 A I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 1.8 Pa. C.S. 4904 (unworn falsification to authorities). Date: (P -ICI • O16 EXHIBIT A STEVEN H. GREENE, PLAINTIFF V. NISSA GREENE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3843 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this a 7- day of May, 2006, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Steven H. Greene and Nissa Greene shall have shared legal custody of Abigail Greene, born May 21, 1998 and Connor Greene, born October 7, 1999. (3) During the school year, the children shall stay in the home of their father and be with their mother on'the following continuing weekend scheduled: On the first weekend from Friday at 6:00 p.m. through Monday at the beginning of school, or Tuesday at the beginning of school if Monday is a school holiday. On the second weekend, from 6:00 p.m., Saturday through Monday at the beginning of school, or Tuesday at the beginning of school if Monday is a school holiday. On all weekends, if allowed by the school, the mother shall deliver the children directly to school, otherwise, she shall deliver them to the father's home in time for them to take a school bus. (4) Thanksgiving day shall alternate. In 2006, -the mother shall have the Thanksgiving day, and in 2007 the father shall have Thanksgiving day. In any year in which the mother has the children on Thanksgiving day, her time with them shall start at 9:00 a.m. and extend to the beginning of school after the Thanksgiving break. (5) The Christmas period shall have two segments: Segment A: December 24 04-3843 CIVIL TERM at 9:00 a.m. to December 28 at 9:00 a.m.; Segment B: December 28 at 9:00 a.m. to 6:00 p.m. on the day before school resumes. The mother and father shall alternate these segments. In 2006, the father shall have Segment A and the mother shall have Segment B. In 2007, the mother shall have Segment A and the father shall have Segment B. (6) During each summer school vacation period, starting on the first Saturday at 6:00 p.m. after school ends until the last Friday at 6:00 p.m. before school begins, the mother shall initially have the children for a continuous three week period, with the father having the next week. This three week - one week cycle shall continue for the remainder of the summer school vacation period. All transfers shall be on Fridays at 6:00 pm. (7) The parent relinquishing the children shall always deliver them. ('8) The parents, without their children, shall obtain co-parenting counseling with InterWorks, 4335A North Front Street, Harrisburg, Pennsylvania 17110 (236-6630). At a minimum, they shall each attend one session individually, and thereafter four sessions together. To the extent that any costs are not paid by their medical insurance providers, they shall divide the costs equally. They shall forthwith cooperate together in securing this counseling. In Tf_O many wh-reof; I he : .to Slat rn t and t1'i seal of said Coitt akpriisle, P7 04-3843 CIVIL TERM Samuel L. Andes, Esquire For Plaintiff Jeanne Costopoulos, Esquire For Defendant :sal -3- Fri v f ? t STEVEN H. GREENE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NISSA GREENE DEFENDANT 2004-3843 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, June 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 29, 2008 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john . Man an r. Es q. VIA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701.3 Telephone (717) 249-3166 ?ovao oc U, STEVEN H. GREENE, Plaintiff V. NISSA GREENE, Defendant TO THE PROTHONOTARY: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2004-3843 CIVIL ACTION -LAW CUSTODY Kindly withdraw the appearance of Jeanne B. Costopoulos, Esquire, as attorney for Defendant, Nissa Greene, in the above captioned matter. D 7 714P Date: By; Je a B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Pa. Supreme Court ID No. 68735 Telephone: (717) 221-0900 Kindly enter the appearance of Nissa Greene, pro se, for Defendant, Nissa Greene, in the above captioned matter. Date: Signature: Address: Telephone: r-4, Ali co ' SEP 0 2 1008 STEVEN H. GREENE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-3843 CIVIL ACTION LAW NISSA GREENE, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this ?AA&y of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in this matter are hereby VACATED. 2. Legal Custody: The Father, Steven Greene, and the Mother, Nissa Greene, shall have shared legal custody of Abigail Greene, born 05/21/1998 and Connor Greene, born 10/07/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and 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. 3. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's physical custody as follows: a. During the school year, Mother shall have physical custody of the Children every weekend on an alternating weekend schedule as follows: On the first weekend from Friday at 6:00 pm through Monday at the beginning of school, or Tuesday at the beginning of school if Monday is a school holiday. On the second weekend from 6:00 pm on Saturday through Monday at the beginning of school, or Tuesday at the beginning of school if Monday is a school holiday. On all weekends, if allowed by the school, the Mother shall deliver the Children directly to school; otherwise, Mother shall deliver the Children to the Father's residence in time for the Children to take the school bus. b. During each summer school vacation period, starting the first Saturday at 6:00 pm after school ends until the last Friday at 6:00 pm before school begins; the Mother shall initially have the Children for a continuous three (3) week period, with the Father having the next week. This three week- one week cycle shall continue for the remainder of the summer school vacation period. All transfers of custody shall be on Fridays at 6:00 pm. and the custodial parent shall deliver the Children to the non-custodial parent. C. The parents shall arrange physical custody of the Children at such other times as the parents may mutually agree. D r?` 4. Father has the right to inspect Mother's residence with an agreed upon neutral third parry to ascertain whether Mother's residence is habitable and poses no safety concerns for the subject Children. It is understood that Father shall give Mother adequate notice of said inspection and this inspection is shall occur only one time. 5. Counseling: The parties have agreed and are directed to engage in co-parenting counseling with Anthea Stebbins no less than four (4) times to discuss the Children's extra-curricular activities during the school and summer vacation periods. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. The parents shall forthwith cooperate together in scheduling and attending said co-parenting sessions. 6. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 8. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11 This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party has the right to request a status update conference with the assigned conciliator as necessary or proper. - 1000' Distribution: ji"ssa Green 1404 Walnut Street, Camp Hill, PA 17011 .KInuel Andes, Esquire , J6hn J. Mangan, Esquire ,1 _ C. 7^ ;.O LO CD Cr7 . . ? L,L 1 CL- Jt.'. . 1 C) N HOLIDAYS AND TEWES EVEN SPECIAL DAYS YEARS Thanksgiving In even years that Mother has the Mother Children for this holiday, the holiday shall begin at 9 am on Thanksgiving and extend to the beginning of school after the Thanks ivin break Christmas 1 s Half From 9 am on 12/24 until 9 am on Father 12/28 Christmas 2° Half From 9 am 12/28 until 6 pm the day Mother before school begins Mother's Da From 9 am until 9 m Mother Father's Da From 9 am until 9 m Father ODD YEARS Father Mother Father Mother Father . . • STEVEN H. GREENE, Plaintiff V. NISSA GREENE, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3843 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 2. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Abigail Greene 05/21/1998 Primary Father Connor Greene 10/07/1999 Primary Father 2. A Conciliation Conference was held with regard to this matter on August 20, 2008 with the following individuals in attendance: The Mother, Nissa Greene, pro se The Father, Steven Greene, with his counsel, Samuel Andes, Esq. 3. The parties agreed to the entry of an Order in the form as attached. _?//2 Date John J an, Esquire Custody Conciliator a STEVEN H. GREENE, Plaintiff v. s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3843 CIVIL ACTION LAW NISSA GREENE, IN CUSTODY n _ "`~ L Defendant a _~ ~ ~ ~ ~~ Prior Judge: Edgar B. Bayley, P.J. `~ ~"`` r-- ;' ORDER OF COURT ~ ~~. ~, ~ ^ `__ a AND NOW this 0 day of July 2010, upon consideration of the attached Cust~y,.z ~ x ' Conciliation Report, it is Ordered and Directed as follows: ~ ,...~ 1. All prior Orders entered in this matter are hereby VACATED. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the ~ day of (?~,:~(/~Q/l. , 2010 at / - /' D at~pm in Courtroom number _~ in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Steven Greene, and the Mother, Nissa Greene, shall have shared legal custody of Abigail Greene, born 05/21/1998 and Connor Greene, born 10/07/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and 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. 4. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's physical custody as follows: a. During the school. year, Mother shall have physical custody of the Children every weekend on an alternating weekend schedule as follows: On the first weekend from Friday at 6:00 pm through Monday at the beginning of school, or Tuesday at the beginning of school if Monday is a school holiday. On the second weekend from 6:00 pm on Saturday through Monday at the beginning of school, or Tuesday at the beginning of school if Monday is a school holiday. On all weekends, if allowed by the school, the Mother shall deliver the Children directly to school; otherwise, Mother shall deliver the Children to the Father's residence in time for the Children to take the school bus. b. During each summer school vacation period, starting the first Saturday at 6:00 pm after school ends until the last Friday at 6:00 pm before school begins; the Mother shall initially have the Children for a continuous three (3) week period, with the Father having the next week. This three week/one week cycle shall continue for the remainder of the summer school vacation period. All transfers of custody shall be on Fridays at 6:00 pm. and the custodial parent shall deliver the Children to the non-custodial parent. c. The parents shall arrange physical custody of the Children at such other times as the parents may mutually agree. 5. Each parent shall spend their custodial time with the Children as they see fit according to the above custodial schedule. Each parent shall engage, or not engage, the Children in activities as they see fit according to their respective custodial periods. Both parents shall take into consideration the Children's desires to engage, or not engage, in extra-curricular activities both during the summer and during the school year. 6. Counseling: The parties have agreed and are directed to engage in co-parenting counseling with Anthea Stebbins no less than four (4) times to discuss the Children's extra-curricular activities during the school and summer vacation periods. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. The parents shall forthwith cooperate together in scheduling and attending said co-parenting sessions. 7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 9. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's .love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 11. In the~event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party has the right to request a status update conference with the assigned conciliator as necessary or proper. By the Court, ~~~~ Dis~bution: ,/1Gii ael Palermo, Esquire ~uel Andes, Esquire mho n J. Mangan, Esqguire,,, 7 aol~v HOLIDAY AND TIMES EVEN ODD SPECIAL DAYS ~~ ~~ Thanksgiving In even years that Mother has the Mother Father Children for this holiday, the holiday shall begin at 9 am on Thanksgiving and extend to the beginning of school after the Thanks 'vin break Christmas 1 Half From 9 am on 12/24 until 9 am on Father Mother 12/28 Christmas 2° Half From 9 am 12/28 until 6 pm the day Mother Father before school be ' s Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father STEVEN H. GREENE, Plaintiff v. NISSA GREENE, Defendant Prior Judge: Edgar B. Bayley, P.J. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3843 CIVIL ACTION LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Abigail Greene 05/21/1998 Primary Father Connor Greene 10/07/1999 Primary Father 2. A Conciliation Conference was held with regard to this matter on August 20, 2008, an Order issued September 02, 2008 and a conference was held May 17, 2010 with the following individuals in attendance: The Mother, Nissa Greene, with her counsel Michael Palermo, Esq. The Father, Steven Greene, with his counsel, Samuel Andes, Esq. 3. Father's position on custody is as follows: Father desires continued primary custody and would like more time during the summer with the Children. Further more, Father would like some weekend time during the school year. Father indicates that he want Mother to have weekends all year long. Father has concerns about the Children's sleeping arrangements and Mother's overall stability. Father indicates that the Children want to continue with their ballet and that they want to go to ballet camp during the summer as well. Both Father and Mother acknowledge that they have a very different outlook on parenting styles. Father believes that Mother is too "relaxed" and not motivated to encourage the Children to be the best that they can be. 4. Mother's position on custody is as follows: Mother would also like more time with her Children, or at a bare minimum, keep things the way they are currently. Mother in no way agrees to any decrease in her custodial time. Mother indicates that she lives in a five bedroom residence and that she is very stable. Mother believes that Father is too driven and controlling when it comes to the Children. Mother believes that summertime is the time when the Children should have fun and not have such a structured regimen. Mother indicates that the Children do not wish to attend the ballet school in the summer. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. l Date Jo gan, Esquire Cu tod Conciliator a i STEVEN H. GREENE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ' c~ ~ ~ NISSA GREENE, ~ ° ~ Defendant NO. 04-3843 CIVIL TERM -t~r-~ c~ ~ ,'~ ~ ~ c~ r~i -n --C =~ u7 ~ ORDER OF COURT ~~_ "~" ~, -~ ~ ~ ~~ ~ -r ;'" :.~ _ 7 c-~ ,~•• -- AND NOW, this 4th day of October, 2010, the~`~rt~s~r~ • ~ ,;] having appeared for a custody hearing pursuant to an ors~erc~f ~~' court dated July 28, 2010, and the defendant having appeared without counsel and requested a continuance of this matter after plaintiff presented his testimony, the Court makes the following modifications of the current custody order: 1. The parties shall continue to share legal custody of Abigail Greene, born May 21, 1998, and Connor Greene, born October 7, 1999. 2. Father shall continue to have primary physical custody of the children. However, the weekend schedule previously in effect solely during the school year shall remain in effect year-round. Under this schedule, mother shall have the children one weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m., and the alternating weekend she shall have the children from Saturday at 6:00 p.m. through Sunday at 6:00 p.m. 3. The parties will enjoy the holiday and special day schedule as noted in our order of court dated July 28, 2010. Because mother has requested a continuance to enable her to retain counsel, the Court will hear this matter again, if it is not resolved through an intervening conciliation, upon the -_~. petition of counsel for the defendant. Should there be no petition for modification of this order, it shall remain in full force and effect. By the Court, ~~~~ Albert H. Masland, J. ~muel L. Andes Esquire For Plaintiff ~issa Greene 1006 Swarthmore Road New Cumberland, PA 17070 t C Prs J ~ _~r~ ~/~0 ~,~j'