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HomeMy WebLinkAbout04-4055IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. 01- "F : e4la T?,?,... V. CIVIL ACTION - LAW HUBERT X. GILRO JUDGMENT DEMANDED G YJ& T n0. Q• R ?C` m 5 NOTICE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written *pearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Court Administrator Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. OV- `1a5,5 G,.t -T;-- V. CIVIL ACTION - LAW HUBERT X. GILROY JUDGMENT DEMANDED COMPLAINT AND NOW comes, Cory A. Cormany, Plaintiff; and sets forth causes of action for the above named Defendant, whereas a civil remedy follows a statement at length: 1. Mr. Cory A. Cormany is an adult individual residing in the Cumberland County Community, Pennsylvania. 2. Mr. Hubert X. Gilroy is an adult individual residing in the Cumberland County Community, Pennsylvania. 3. Ms. Alexandria C. Cormany is an adolescent individual residing in the Cumberland County Community, Pennsylvania. 4. Defendant is Hubert X. Gilroy, the legal representative of Alexandria Christine Cormany, and did represent a petitioner named John D. Adams through the Common Pleas Court of Cumberland County, Pennsylvania. (1) 5. On or about May 16th, of the year 1994, Mr. Hubert Gilrouy serviced petition legally pursuant Mr. Cory A. Cormany. 6. On or about April 21st, of the year 2003, Mr. Cory A. Cormany filed complaint lawfully pursuant Mr. John D. Adams. 7. On or about December 16th, of the year 2003, Mr. Cory A. Cormany petitioned parental right pursuant Mr. John D. Adams. 8. On or about March 2nd, of the year 2004, Mr. Cory A. Cormany petitioned criminal expongement pursuant Ms. John D. Adams. 9. On or about March 12th, of the year 2004, Mr. Cory A. Cormany petitioned visitation right pursuant Ms. Alexandria C. Cormany. 10. Mr. Cory A. Cormany is the child's natural biological father and hereby consents Social Security and Life Insurance Supplements reasonable The Commonwealth of Pennsylvania. 11. Mr. Christopher C. Houston is the defendant's legal liason prescient the order of the court, applicable The Explanatory Comment of 1988, respectfully submitted exhibits A through J. 12. Mr. Richard C. Suelbaker is the plaintiffs legal liason prescient the order of the court, applicable The Explanatory Comment of 1988; respectfully submitted exhibits A through J. WHEREAS, plaintiff; Cory A. Cormany, claims from the defendant; Hubert X. Gilroy, an amount in excess of, considerate the adolescent child, One Hundred and Twenty Five Thousand and 00 Dollars (125,000.00), plus cost of taxation. (2) VERIFICATION I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Complaint against Mr. Hubert Gilroy are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unsworn verification to authorities. Dated 3 a• ' O`? Byt/ Cory A. Cormany Witnes By V,/00 iJCticl?l Notary NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro. Cumberland County My Commission Expires April 4, 2005 (3) VERIFICATION I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Complaint against Ms. Tina Adams are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unsworn verification to authorities. Dated -?- C)l By Cory A. Cormany Witne?7L? By CJ©?.?n Notary NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4. 2005 (3) . ? _? ? i i , EXHIBIT A (1) SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 1989, by and between CORY A. CORMANY,, hereinafter called Husband, and TINA D. CORMANY hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 1, 1988 in Cumberland County, Pennsylvania; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have lived separate and apart from each other since March 27, 1989 and have consented to a mutual consent divorce; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may front time to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. 2. Division of PTOOerty. The parties have divided between them to their mutual satisfaction the household furniture, supplies and furnishings, and other articles of household property which have heretofore beet? used by them in common, and neither will make any claim to any such items which are now in possession or control of the other, except as otherwise set forth herein. The parties shall retain the respective automobiles in their possession and assume any obligations associated therewith. I G 3. Debts . Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by hint or her subsequent to the date of separation, which occurred in March 1989. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. 4. Equitable Propertv. This Agreement constitutes a division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. Each party hereby acknowledges that this agreement adequately provides for his or her needs and is in his or her best interest, and that the Agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. 2 D. The right to have the court decide any other rights„ remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 5. Custodv and Sunvort of Alexandria. Husband shall pay to Wife for the support and maintenance of their minor child, Alexandria, born December 16, 1988, the amount established by agreement of the parties or as established by a court of competent jurisdiction, said payments due hereunder to continue until said child reaches the age of eighteen (18) or graduates from high school, whichever shall occur last, dies, marries or otherwise becomes emancipated and so long as said child lives and resides with Wife. Husband agrees that so long as he has an obligation to support Alexandria that he will provide life insurance coverage in a sufficient amount, naming Alexandria as a beneficiary thereon, to insure the payment due hereunder. The Wife shall have primary physical custody of Alexandria. The Husband shall have the right of visitation in Wife's home on Saturdays between the hours of 5:00 p.m. to 7:00 p.m. and Sundays from 2:00 p.m. to 5:00 p.m. This arrangement shall continue until such time as the Wife is satisfied that Husband's alcohol related problems are controlled. So as not to endanger Alexandria and that he is capable of caring for her due to her young age. When Husband has achieved the foregoing than the parties agree to renegotiate an expansion of the father/daughter contacts to include times of partial physical custody. 6. Release of All Claims. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred, or may be incurred, relating 3 to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligations under this Agreement or under any instrument or document executed pursuant to this Agreement. 7. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 8. Full Disclosure. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 9. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. It is understood, however, that Wife, as of the signing of this Agreement, has filed an action in divorce in the Court of Common Pleas of Cumberland County in which she alleges that the marriage is irretrievably broken. Both parties understand and agree that Wife shall pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to effectuate the divorce pursuant to Section 201(c) of the Divorce Code. Husband agrees that the marriage is irretrievably broken. 4 10. Representation of Parties by Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. 11. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 12. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 13. Descriptive Headines. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 14. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 15. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 5 16. Order of Court. With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement may be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this agreement or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It is further agreed that regardless of whether said agreement or any part thereof is incorporated in any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: Tina D. Cormany (SEAL) X (SEAL) Cory A. Cormany 6 EXHIBIT IV tz) IN RE: V ADOPTION OF ALEXANDRIA CHRISTINE CORMANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 64 ADOPTIONS 1993 IN RE: REQUEST FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS BEFORE OLER, J. DECREE NISI AND NOW, this day of August, 1994, upon careful consideration of the request for involuntary termination of parental rights and Cory Cormany's response to the request, and following a hearing thereon: The Court, being satisfied as to the truth of the facts set forth in the request, and that the request should be granted, so finds, and further finds that Cory Cormany has forfeited his parental rights to Alexandria Christine Cormany, and it is adjudicated, adjudged, and decreed that all parental rights of Cory Cormany with respect to Alexandria Christine Cormany are terminated forever. This Decree shall become a Final Decree unless a post-trial motion is filed within ten days pursuant to Pennsylvania Rule of Civil Procedure 227.1. If no such post-trial motion is filed, Petitioner's counsel is directed to contact the Court for the establishment of a time for the adoption proceeding. BY THE COURT, r, ? J. J Wesley Oler V V IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADOPTION OF ORPHANS' COURT DIVISION ALEXANDRIA CHRISTINE CORMANY NO. 64 ADOPTION 1993 ORDER OF COURT AND NOW, this L3J day of March, 1994, upon consideration of the within request for involuntary termination of parental rights, it is ORDERED and DIRECTED that a hearing on the request be held on Monday, May 16, 1994, at 1:30 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. At least ten days' notice shall be given to the parent whose rights are to be terminated, by personal service or registered mail (which includes certified mail), to his last known address. The notice shall include the following language: To: Cory Alister Cormany A petition has been filed asking the court to put an end to all rights you have to your child Alexandria Christine Cormany. The Court has set a hearing to consider ending your rights to your child. The hearing will be held in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, May 16, 1994, at 1:30 p.m. You are advised that even if you fail to appear at the scheduled hearing, the hearing will go on without you and your rights to your child may be ended by the court without you being present. You have a right to be represented at the hearing by a lawyer. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. Court Administrator Fourth Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Telephone No. (717) 240-6200 Under Section 2313(2.1) of the Adoption Act, it is provided that "(t]he Court shall appoint counsel for a parent whose rights are subject to termination in an involuntary termination proceeding, if, upon petition of the parent, the Court determines that the parent is unable to pay for counsel or if the payment would result in substantial financial hardship." A copy of the notice shall be given in the same manner to the other parent, putative father or parent or guardian or a minor parent whose rights are to be terminated. Hubert X. Gilroy, Esq. Attorney for Petitioners BY THE COURT, t W esley O1 Jr., :rc D EXHIBIT EXHIBIT c (3) IN RE: :IN THE COURT OF COMMON FLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ADOPTION OF tORPHANS COURT DIVISION ALEXANDRIA CHRISTINE CORMANY :NO. 64 ADOPTION 1993 AFFIDAVIT OF SZRVICE I, Hubert X. Gilroy, being duly sworn and according to law do depose and state that a copy of the Petition for Adoption filed in the above matter along with a copy of this Court's March 24, 1994 Order scheduling a hearing for May 16, 1994 was served on Cory A. Cormany at 1883 Douglas Drive, Carlisle, Pennsylvania on March 31, 1994 by Certified Mail, Return Receipt Requested, a copy of said Return Receipt being attached hereto and marked Exhibit "A". Hubert X. Gilroy, on re Broujos, Gilroy c Ho stop 4 North Hanover Street Carlisle, PA 17103 Sworn and subscribed to me before me this 16th day of May, 1994. r ? Notary Public NOTARIAL SEAL KWN F "M, NOTARY PUB! fC BOW OFCMLME,CUMBERLANDCOUIM MY COWNSSIONEIM MARCH 1t 1W IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADOPTION OF ALEXANDRIA CHRISTINE ORPHANS' COURT DIVISION CORMANY NO. ADOPTION 1993 PETITION, FOR ADOPTION The Petitioner, John D. Adams, Jr., by his attorneys, Broujos, Gilroy & Houston, P.C., sets forth the following Petition for Adoption in accordance with the Act of October 15, 1981, P.L. 934, No. 163, as amended, 23 Pa.C.S.A. 2102, et seq., and sets forth the following: 1 The Petitioner is John D. Adams, Jr., an-adult individual residing at 235 West Ridge Street, Pennsylvania. Carlisle, Cumberland County, 2 The Petitioner is married to Tina D. Adams, an adult individual residing at 235 West Ridge Street, Carlisle, Cumberland County, Pennsylvania. 3 The Petitioner is a Caucasian and is 25 years of age, having been born on April 13, 1968. 4 The Petitioner is currently unemployed and has been determined to be disabled by the Social Security Administration under a diagnosis of multiple sclerosis. 41 The Petitioner is of the Protestant faith but is not currently affiliated with any church. 6 The Petitioner and his wife, Tina D. Adams, are the custodians of the minor child, Alexandria Christine Cormany, born December 16, 1988, and who is the child proposed to be adopted. 7 The minor child to be adopted is the step-child of the Petitioner and said minor child currently resides with the Petitioner, along with her natural mother, and, therefore, no report under Sections 23 Pa.C.S.A. 2530, 2531, and 2533 are required. 8 There is no intermediary involved. . h 9 The minor child has been residing with the Petitioner since January of 1991, and the Petitioner married the minor child's mother, Tina D. Adams, on November 14, 1992. 10 The natural mother of the minor child is Tina D. Adams. 11 The natural father of the minor child is Cory Alister Cormany. 12 The natural father of the minor child, Cory Alister Cormany, has by .conduct continuing for a period of at least six months either evidenced a settled purpose of relinquishing parental claim to the minor child or has refused or failed to perform parental duties. In the alternative, the natural father will execute the necessary Consent pursuant to 23 Pa.C.S.A. Section 2711, and said Consent will be filed in this case prior to any adoption hearing taking place. 13 A copy of the birth certificate for Alexandria Christine Cormany is attached hereto and marked as Exhibit A and incorporated herein by reference. 14 Upon this Court's apprgval of this Petition, it is desired that the name of the minor child to be adopted be changed to Alexandria Christine Adams. 15 It is the desire of the Petitioner that the relationship of parent and child be established between the Petitioner and the minor child. WHEREFORE, Petitioner prays your Honorable Court to decree that Alexandria Christine Cormany, the person proposed to be adopted herein, shall have all the rights of the child and heir of the said Petitioner and be subject to the duties of such child, and that she assume the name of Alexandria Christine Adams. Respectfully ub 'tted, ?ert Gilroy 8fiquire Attorney for P itioner Broujos, Gilro & Houston, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 I verify that tae statements in the foregoing pleading are t rue and correct. I understand that false statements :ierein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. JOIk% D. ADAMS, JR. EXHIBIT D ?4? MAY-UI-ZUUJ IHU Ul:bb HH M)tKVUU MA NU. y/UbU14U Y. U4 PLAINTIFF CORY A. CORMANY V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEFENDANT EARL REITZ JR., STEVE CALAA AN, CURTIS COLBERTSON, SAMUEL COOVER, JOHN ADAMS, JOHN PORTER, TERRY DARR, GRF& DEWIL, PAUL GREEN, FRANK TEANEY, RAYMOND MOTTER OF THE: CUMBERLAND COUNTY PRISON, GARY : SHOLENBERGIR, JEFFREY KURTZ, MATTiEW : KENNEDY OF THE CARLISLE POLICE : DEPARTMENT, JEFFREY FRANKS OF THE : CUMBERLAND COUNTY D.A. AND PAULA CORRF.AL CASE No. 03-17'7? CIVIL ACTION - LAW JURY TRIAL s. You have, been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. INN-ul-NUJ IMU UI.00 HII IIAz)MVGU hH& NU. ylubUl4U F. u5 FA ,- . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House 1 South Street Carlisle, PA 17013 VFRIFICATTON I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Complaint against Earl Reitz Jr., Steve CAaman, Curtis Colbertson, Samuel Coover, John Adams, John Porter, Terry Darr, Greg DeN, Paul Green, Frank Teaney, Raymond Motter, Gary Sholenberger, Jeffrey Kurtz, Mathew Kennedy, Jeffrey Franks and Paula Correa( are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn verification to authorities. Dated y/a11 n Cory A Corrnany (24) .. lint UI GUUJ If1U UI•J. uU uwulvUU 111.. .'v. EXHIBITS A. Dockets: Employment and Academic B. Reports: J. Adams, J. Porter, T. Darr, G. Derfl , P. Green, F. Teaney and R. Dotter, C.C.D.A. C. Civil Complaint: Cumberland County Common Pleas 1). Summons Matter: Det- Franks, D.J. Correal's Office E. Summons Matter: Pd. Tilton, D.J. Correal's Office F. Summons Matter: Pd. Kurtz, D.J. Correal's Office G. Summons Matter. Ptl. Kennedy, D.J. Coveal's Office )EL Summons Matter: Dot. Diehl, D.J. Correal's Office 1. Civil Complaint: United States District Court I Cumberland County: Signatories/ Order of the Court K Criminal Complaint: Lt. Calaman, or. at., C.C.D.AA L. Criminal Complaint: Mr. Arafat, or. al., C.C.D_A. W Criminal Complaint: Mr. Coover, et. al., C.C.D.A. N. Criminal Report: Der. Diehl, et. al., C.C.D.A. 0. Criminal Report: Dot. Franks, or. al., C.C.D.A. P. Criminal Report: Det. Diehl, et. al., C.C.D.A Q. Notification: Bail and Arrest/ Charge, via mail delivery R. Requests: C.C.P. Staffing Personnel S. Papers: Parole and Release Dates and Reasons T. Receipts: Appeal and Commitment U. Summons Matter. Pd. Kennedy, et. al., D. J. Placey's Office V.. Motion: Post Conviction Collateral Relief W. Cumberland County: Orders of the Court X. Receipts: Servicing and Delivery Verification (1) EXHIBIT E (5) IN THE UNITED STATES DISTRICT COURT FOR d THE MIDDLE DISTRICT OF PENNSYLVANIA THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY i d"6-03 " 2 2 94 V. CIVIL ACTION - LAW FID JOHN D. ADAMS JUDGMENT DEMANDED HARM I Q OEC 1 i Pei NOTICE ti. You have been sued in Coun. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you_ You are warred that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without hither notice for any money claimed in the Complaint or for any other claim or relief regtxsted by Plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator U.S. District Court 228 Walnut Street Harrisburg, PA 17101 Court County AdminjoU urt noun 1 South Hanover Street Cw". PA 17013 Ci FILED IN THE COMMONWEALTH COURT OF PENNSYLVJ'-"i09 1411SURG, PA COMMON PLEAS OF CUMBERLAND COUNTY JAN 16 ZW4 THE COMMONWEALTH OF PENNSYLVANL$v -?• rY( CORY A. CORMANY CASE NO. (' V. TINA D. ADAMS CIVIL ACTION - LAW ..nuns. CLARK JUDGMENT DEMANOW ,?j You have been sued in Court. If you wish to defend against the claim set forth in the followioS Pis. You must take action within twenty (20) days after the Complaint and Nodes are served by waring a wt*m ppa rze personslly or by Mornay and by films in writing with the Court your dsfsnse or objet ion to the 1Y 11? claims set tbrth aping you. You we warned that if you fail to do so the case h fiuther wb? you and judsnteut may be entered against you by the Coup " Ohm th or relief nocroa for M' ?Y Clamed is the Complaint or far any other right requested by Plaintiff. You tray lose money or property or other s important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU AO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. (30 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. r Y't IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. JEFFREY W. RUDOLF CASE NO. CIVIL ACTION - LAW JUDGMENT DEMANDED CY 04- 454 You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without fiuther notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET.MGAL HELP. J? ti0?a Court Administrator APR 0 ?' U. S. District Court 228 Walnut Street Harrisburg, PA 17101 IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. J y- 9 R 7 V. LYLE M. HERR CIVIL ACTION - LAW JUDGMENT DEMANDED You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without fiuther notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. c? N Court Administration t ?- z Cumberland County Court House H? 1 South Hanover Street PA 17013 Carlisle rc . '26 , f , ? ca c? EXHIBIT F (6) 7?1r?'t{E COV9?T' Of CMladoq?f pXE,4S Off' 7-VE COM?I- O WWEASTS Off' PE' WS3YXVA969A CORY A.CORMANY CASENO. r V. CIVIL ACTION - LAW _ ALEXANDRIA C. CORMANY JURYTRIALDEMANUER ? MYCE V You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (ao) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment maybe entered againstyou by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights importauttoyou. YOU SHOULD TAKE ITUS PAPERTOYOUR LAWYER kT ONCE. IFYOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumderland County Bar Association 9r-vln Row Carfisl , PA. 17013 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland Countyy Prothonotary's Office Carlisle, Pa 17013 CORMANY CORY A (VS) CORMANY ALEXANDRIA Case Number 2004-01077 Received of PD CASH CORMANY CORY BH Total Check/Other.. + .00 Total Cash......... . 55.50 Change ............. . .00 Receipt total...... _= 55.50 ------------------------ Distribution Of Payment Transaction Description Payment Amount Receipt Date 3/12/2004 Receipt Time 14:16:25 Receipt No. 148712 COMPLAINT 35.00 CUMBERLAND CO GENERAL FUND TAX ON CMPLT .50 BUREAU OF RECEIPTS AND CONTROL SETTLEMENT 5.00 CUMBERLAND CO GENERAL FUND AUTOMATION 5.00 CUMBERLAND CO AUTOMATION FUND JCP FEE 10.00 BUREAU OF RECEIPTS AND CONTROL 55.50 EXHIBIT G (7) v -k t "' 2 m ?idei o ? o Y s -a iw?m 9 p Lrr > i Y [f G n S /? O) Y LJ S S vaJ1 ? 1 Ism W J q o I q i ? 1 m m2 r R 9 Prevent Identity theft-inutect pow Social Security number W&F a? 101V Your Social Security Statement NO Prepared especially for Cory A. Cormany May 18, 2001 50117 CORY A.CORMANY 1883 DOUGLAS DR CARLISLE PA 17013-4612 1...111...1II......11.,1i..1..I.II.,...II..I.If..1,..N..L.i1 - What Social Secuirity Means We're sending you this Social Security Statement to help you understand what Social Security means to you and your family. We hope you'll use it in planning your financial future. Each year, about three months before your birthday, we'll send you a new Statement showing your updated earnings record and your potential benefits. Be sun to read this Statement carefully. If you think there may be a mistake, please let us know. That's important because your benefits will be based on our record of your lifetime earnings. Remember, the future's in your hands when you read your Social Security Statement. seem awryk fforpowk ofal ades... It can help you whether you're young or old, male or female, single or with a family. It's there for you when you retire, but it's more than a retirement program. Social Security can provide benefits if you become disabled and support your family when you die. Wadttoh ilis aeeaeti , ... Social security is the largest source of income for most elderly Americans and plays a major role in keeping them out of poverty. But Social Security can't do it au. Social Security was not intended to be the sole source of income when you retire. You'll also need a pension, savings or investments. Think of Social Security as a foundation on which to build your financial future. Above sillsaewwt otswe.» Will Social Security be there when you retire? Of course it will. But changes will be needed to meet the demands of the times. We're living longer and healthier lives, 79 million "baby boomers" are approaching retirement, and in about 30 years, there will be nearly twice as many older Americans as there are today. See Inside for your personal inbrmaBan -? to You Social Security now takes in more in taxes than it pays out in benefits. The excess funds are credited to Social Security's trust funds, which an expected to grow to over $4 trillion before we need to use them to pay benefits. in 2016, we'll begin paying more in benefits than we collect in taxes. By 2038, the trust funds will be exhausted and the payroll taxes collected will be enough to pay only about 73 percent of benefits owed Well need to resolve long-range financial issues to make sure Social Security will provide a foundation of protection for future generations as it has done in the past. so"a.eraya*no mt. Be sure to visit ww ssa pea on the Internet to use the Benefit Planners to help you plan your financial future: calculate customized estimates of your future benefits; apply for retirement benefits; subscribe to effeos for up-to-date news about Social Security programs and benefits; and correct or change your name on your Social Security card or get a replacement card by requesting a form SS-5. We will continue to add online services to make it as easy and convenient as possible for you to do business with us. Larry C. Hassanari Acting Commissioner of Social Security What's lowds.._ V Your Estimated Benefits ................. 2 V Your Earnings Record ................... 3 V Some Facts About Social Security .......... 4 7 If You Need More Information ............. 4 V To Request This Statement in Spanish ...... 4 (Pain Solicitor (Ina Declaracidn en Espmlol) gnaws am HE 11MENINN1111 051801E 02S 296 -Your Estimated Benefits To qualify for benefits, you earn "credits" through your work - up to four each year. This year, for example, you earn one credit for each $830 of wages or self-employment income. When you've earned $3,320, you've earned your four credits for the year. Most people need 40 credits, earned ova their working lifetime, to receive retirement benefits. For disability and survivors benefits, young people need fewer credits to be eligible. We checked your records to see whether you have earned enough credits to qualify for benefits. Eyou haven't earned enough yet to qualify for any type of benefits, we can't give you an estimate now. If you continue to work, well give you an estimate when you do qualify. Who we aasnwd -If you have enough work credits, we estimated your benefit amounts using your average earnings over your working lifetime. For 2001 and your e smings up to retirement, we assumed you'll continue to work and make about the same in future years as you did in 1999 or 2000. We also included credits we assumed you earned last year and this year. We can't provide your actual benefit amount until you apply for benefits. And toad as=sert m r dWW 11 o the soda ufls atatld bebnr beaesas - (1) Your earnings may increase or decrease over the years. (2) Your benefit figures shown here are only estimates based on current law. The lanes governing benefit amounts may change because, by 2038, the payroll taxes collected will be enough to pay only about 73 percent of benefits awed. (3) Factors, such as a ressies hr wm& not coves i by so" sacaallfjr, ,ease insitagr senses or each for raihwl /l _ may affect your benefit amount. Generally, estimates for older workers are more accurate than those for younger workers because they're based on a longer earnings history with fewer uncertainties, such as earnings fluctuations and future law changes. These estimates are in today's dollars. As you receive benefits, they will be adjusted for cost-of-living increases. • iitetiremest You have earned enough credits to qualify for benefits. At your current earnings rate, if you stop working... At age 62, your payment would be about ................................. $ 414 a month If you continue working until... your full retirement age (67 years), your payment would be about .......... $ 606 a month age 70, your payment would be about ................................. $ 753 a month Note: When you continue working beyond your retirement age, your benefit may increase because of your additional earnings. If you delay receiving benefits until age 70, your benefit will increase because of the special credits you'll receive for delaying retirement. This increased benefit could be important to you later in life. It also could increase the future benefit amounts your family and survivors could receive. • DLabDib You have earned enough credits to qualify for benefits. If you become disabled right now.._ Your payment would be about .................................. ........ E 501 a month • Fans* If you get retirement or disability benefits, your spouse and children may also qualify for benefits. • Saa•Irors You have earned enough credits for your family to receive the following benefits if you die this year. Total family benefits cannot be more than ................................ $ 821 a month Your child .......................................................... $ 410 a month Your spouse who is caring for your child ................................. $ 410 a month Your spouse who reaches full retirement age ............................. $ 547 a month Your spouse or minor child may be eligible for a special one-time death benefit of $255. • Diedlom You have earned enough credits to qualify for Medicare at age 65. Even if you do not retire at age 65, be sure to contact Social Security three months before your 65th birthday to enroll in Medicare. We bared yw arr LeneHt estimates ma these fact= Your name ...................................... Cory A. Cormany Your date of birth ................................. August 17, 1966 Your estimated taxable earnings per year after 2001 ............ $10,559 Your Social Security number .......................... 182-62-5623 2 Help Us Keep Your Earnings Record Accurate You. your employer and Social Security share responsibility for the accuracy of your earnings record, Since you began working, we recorded your reported earnings under your name and Social Security number. We have updated your record each time your employer (or you, if you're self-employed) reported your earnings. Remember, it's your earnings, not the amount of taxes you paid or the number of credits you've earned, that determine your benefit amount When we figure that amount, we base it on your average earnings over your liktime. If our records are wrong, you may not receive all the benefits to which you are entitled V Padow ddo chart P - hft using your own records to make sure our information is correct and that we've recorded each yen you worked. You're the only person who can look at the earnings chart and know whether it is complete Some or all of your earnings from loot year may not be shown on your Statement. It could be that we were still processing last year's earnings reports when your StatOMW was prepared. Your complete earnings for last year will be shown on next year's Statammt. Nectar If you worked for more than one employer during any year, or if you had both earnings and self-employment income, we combined your earnings for the year. V Tbasla a Unit as tie aaawot dra lso as WM& "a Pw Sa W >lsesrlbr toss oleo yw. The limit increases yearly. Only the maximum taxable amount will appear on your earnings chart. (For Medicare taxes, the maximum earnings amount began rising in 1991. Since 1994, all of your earnings are taxed for Medicare.) V Call no sigist away at 1-800-772-1213 (7 am. - 7 p.m if any earnings for years Icahn hot year are shown incorrectly. If possible, have your W-2 or tax ratum for those years handy. (If you live outside the U.S., follow the directions at the bottom of Page 4.) Year Eaaatap l11 ' at a G6ece Your Tared Yom Taxed Years You Socw security Medicare Worked Eaminye Earnings 1982 $ 389 $ 389 1983 1,432 1,432 1984 2,573 2,573 1985 6 , 1 2,165 2 2,165 1987 2,550 2,550 1988 1,526 1,526 1989 2,972 2,972 1990 4,799 4,799 1991 0 0 1992 2,417 2,417 1993 5,653 5,653 1994 4,913 4,913 1995 876 876 1996 4,226 4,226 1? 10,356 10,356 1999 0 0 2000 10,559 10,559 Did you know.,. Social $eewdty Is moos flow foot a rethumeat program? Ira hwre to help you when you new it XWSL For instance. Social Security helps you if you become disabled - even at an early age. It is possible for a young person who has worked and paid Social Security taxes for as few as 18 months to become eligible for disability benefits. If you become disabled, you could receive valuable benefits to help you for as long as you're completely disabled. Social Security has another important feature. It is portable and moves with you from job to job throughout your career. Totals eser yew working earsen Estimated taxes for Social Security: Estimated taxes paid for Medicare: You paid: $3,752 You paid: 5882 Your employers paid: $3,752 Your employers paid: $882 Note: It you are self-employed, you pay the total ter= on your net earafop. el 3 11 051801E 02829602 -Some Facts About Social Security AMtrt Social Sisca By and lLaeare... Receive bes4aft a=d am Work- Social Security pays retirement, disability, family and You can continue to work and get retirement or survivors benefits. Medicare, a separate program run by survivors benefits. If you're under you full retirement the Health Care Financing Administration, helps pay age, there are limits on how much you can earn without for inpatient hospital care, nursing care, doctors' fees losing some or all of your benefits. The limits change and other medical services and supplies to people over each year. When you apply for benefits, we'll tell you 65 or to people who have received Social Security what the limits are at that time and whether work would disability benefits for two years. Your Social Security affect your monthly benefits. When you leach full covered earnings qualify you for both programs. retirement age, the earnings limits no longer apply. Here are sane farts about Social Security's benefits: Bohn "deck, ft s A ... Think about you benefits for the long term Everyone's v Yafira?aat-If you were born before 1938, your situation is different For example, be sure to consider full retirement age is 65. Because of a 1983 change the advantages and disadvantages of early retirement If in the law, the full retirement age will increase you choose to receive benefits before yola reach full gradually to 67 for people born in 1960 or later, retirement age, your benefits will be permanently Some people retire before thew full retirement age. reduced However, you'll receive benefitk for a longer They can retire as early as age 62 and take their period of time. benefits at a reduced rate. Others continue working after their full retirement age They receive higher To help you decide when is the best ' for you to benefits because of additional earnings and special retire, we offer a free booklet, Social Ssdudfy - Rletirkanent Benefis (Publication No 05110035) that credits for delayed retirement. . , provides specific information about reti>ement. Dhaklldr-ffyou become disabled before full i l There are other free publications that ?ou may find ret rement age, you can receive disabi ity benefits after six months if you have: helpful, including: - enough work credits before becoming disabled; V Bask Facts (No. 05-10080) - basic about Social and Security and how to get more information; - a physical or mental impairment that's expected ? Ihaferstan&W 71ie Basefik (Na. 054'10024) - a to prevent you from doing "substantial" work general explanation of all Social Secn irity benefits; for a year or more or result in death. ( I T HOW Yew 14ethlernent Boaeift Is PW W ? Ilan* - If you're eligible for disability or retirement benefits, your current or divorced (No. 05-10070) - an explanation of how you can spouse, minor children or adult children disabled your benefit calculate before age 22 also may receive benefits. Each may V A Plearsion From Wor* Not Cm weed By Social Qualify for up to 50 percent of your benefit amount Security (No. 05-10045) - how it affects your The total amount depends on how many family retirement or disability benefits; members qualify. ? Corxrramaat Parisian Offset (No. 05-10007) - W Iiltaavllaeu - When you die, certain members of explanation of a law that affects spouse's or your family may be eligible for benefits: widow(er)s benefits; and - your spouse age 60 or older (50 or older if f V When Sons earns Misuses Your Num6L (No. 05-10064) disabled, or any age if caring for your children - what to do if you're a victim of idkntity theft. under age 16); and i - your children if unmarried and under age 18, still We also have leaflets and factsheets with information ' in school and under age 19 or adult children about specific topics such as military se vice, self- disabled before age 22. employment or foreign employment You can get our publications at wwv ssagev or by calling us If you are divorced, your ex-spouse could be eligible at 1.800-772-1213. for a widow's or widower's benefit on your record when you die. I lr 1!/!/latJ.» ?a Somnlb tHrm 10La'l.4if DfL'IfMCK1 j It ¦ sued =ore Wfes=atlen or want to sequ" this Stat"wat In i l Visit wwwssa,gov/mystatement, call us at 800-772--1213 or write to Social Security Administration, Once of Earnings Operations, P.O. Box 33026, Baltimore, MD 21290-3026. If you're deaf or hard of hearing, call TTY 1-800-32$-0778. If your address is incorrect on this Statement, ask the IRS to send you Form 8822. We don't keep your address ityou're not receiving Social Security Benefits. 4 Pmm S6M1005-SM-9a(1-9e?11) Control Data Education Center AIASA and/o{ @LUS SKY Suite 202 Commerce Park (Off 1 81) 2405 Park Drive Harrisburg, PA 17110 insurance Testing Corporation Iei.JLr"_k_-11041_Gh..dAd PiC Suite 112 Commerce Park (Off 1 81) 2601 Market Place Street Harrisburg, PA 17110 EXMINATI N BENEFICIARY CARD GRifi--ata 1: .- 4 OVZ. insured: CORY A. CORMANY 8eWt Amount: 5Z919$4. 550,000 W$100=0 TO Comet ftle a -- sN book aaa E. In came of dsath of the insured nand on This MCI... Mf tk0e a.m. is fi:00 pa t371 Sense we1re1-$?wdqnl9ll? iwYonf *K" ua.Krojjw cWYtr pWnWt wM be "MOO asMWa fA to ow1kaw. Thk Is not proof of ineunn 6. CornWnY 4 ?T++ EXHIBIT H cs? THE COURT OF COMMON PLEAS CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA jr? CORY A. CORMANY CASE NO. ?. 42WVAW V. CIVIL ACTION - CRIMINAL L 'W n°a COMMONWEALTH JURY TRIAL Fr; 13 OTN:PA 0211500 DOCKET FILE: NT-00006201 C3 'M j NOTICE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 EXHIBIT I ?9? -qr TIME, FEBRUARY 26, 2001 Smelly pardons, egenswe gifts, deluxe offices-is-this any way for a former President to behave? sr "M" TUMM." HEN A PRESIDENr LEAVES OFFICE we expect him to disappear for a while, cede the stage to the new guy, give us some time to forget W ti p why we weren't so sorry to see him go. jimmy Carter returned to Plains, Ga., to nurse his wounds and work on his house; George Herbert Walker Bush disappeared to Ifoustcn, content to load his dishwasher and walk his dogs. But from the hour Bill Clinton's successor was sworn in, the youngest former President in modern history made it clear that he didn't intend to fade from view for even a minute. "I'm still here," he. de- clared as the jet engines revved at Andrews Air Force Base. "We're not going anywhere." She almost spoken promise: Clinton would dominate the power salons of New York City, bask in ova- tions on the lecture circuit, run the Democratic Party and lead the opposition in the national de- bate over George W. Bush's agenda. R would be a bold, triumphant new life. Instead, Clinton's ex-presidency is shapingup to be a shriveled version of his presidency. As he copes with a new crop of scandals-the $190,000 worth of going-away gifts, the $800,000-a-year midtown-Manhattan office suite he wanted to rent, the 177 last-minute clemencies he granted and, above all, the one he. handed to fugitive bil- lionaire Marc Rich-Clinton's new life feels 'like the old one, minus the power and the pulpit and the retinue of aides. His war room is a half-fur- nished Dutch Colonial in the New York suburbs; his lieutenant, a former White House valet named Oscar who keeps Clinton supplied with diet Coke while the ex-President dials through the numbers he has entered on his new, imperfectly mastered PalmPilot, calling to justify himself to his friends. Clinton's red-faced rages over the Rich scandal have familiar themes: "setups," overzealous prosecutors, unfair legal cases that never should have gone to indictment. What is hard to figure out is whether he is playing out his reasons for pardoning a fugitive or working through his per- UKE OLD TIMES M a stick p.r, nave tut weak, Clinton looks at a itartam oMes and Sets mobbed 23 ti; p ;> r w r Z 5 t. sonaf grudge against the legal sys- tem. Did he pardon Rich or him- self by proxy? Either way, sighs a comrade who answered the phone recently to find the 42nd President of the U.S. on the other end of the line, `you get tired of listening to it" A meteorologist might can Clinton 's first month out of office a perfect storm: a freak convergence of fast-moving, late-season weath- er patterns, a lethal collision of the profound and the trivial,The thun- dwilead of accusations confirms every fair and unfair thing his en- Owiiea ever said about him- Ad-puts him once again in the sights of a federal prosecutor, "' time U,S. Attorney Mary Jo SA*4 of New York Not only are t Wvi,calls to haul him before. Can- N1yILy Bess, but also they are coming *tan fi low Democrats who defended him neigh every past soatx i. This time, for the first time, he is out on the ohff, alone. As Clinton's former commerce Secs tart' denounces him and Morgan stanley apOlOf xes to Its cheats for paying him to 90eak, Clinton isn't the only one being damged. His wife's Senate debut has beep spoiled by the calls that are flooding rer plakeshift work space in the basement of the Mksen Senate Office Building. lillary last week went to three Brooklyn are instead drowning out their ments. He's even dragging down cratic fund raising, the one area in he always came thrto . In F where Democrats FAY they will it least $12 million to defeat Govern Bush in 2002, a moneyman toldTlt, nor als lam ?e given are o 's late scandal, with its alle that t he traded when th pardons forcampaigt w ey refuse to put pea, to obat And so it wasn't entirely befievaf week when President Bush declared time to"move on."llrefumr.savc Km the Bush forces are quietly wodring to keep the controversies alive, but etitm he cron- cedes that ifs smart politics to do so. In truth, the scandal doesn't need j much of a push from Bush. What keeps the story going is the accumulated weight of embarrassments, the fact that they fit so many preconceptions about the Clinton and the diversion they offer the cable- news networks. It might not have both- ered people so much had the hubbub stopped when a few broken glasses on Ait Force One were exaggerated into an air- 1 borne bacchanal. Or when Hillary accept- ed an over-the-top book advance. Or when, in the well-est8blished presidential tradition of hauling 'g home favors from the party, the Clinton lifted a few that hadn't ' been intended for them. The problem is the picture that forms when the dots get con- nected, with or without the evi- dence. The fracas over Clinton's $800,000 lease, which he at first offered to help pay, opened the question of where the money would come from, which led to his presidential-library foundation, which came back around to Rich's ex-wife Denise, who donated $450,000 to that library on top of the millions she had already given and raised for the Clintons and the Democrats, Not to mention that Rich's lawyer is Clinton :s former •k' White House counsel Jack Quinn. What matters most is that in pardoning a fugitive tax cheater who Rout- ed the U-S, judicial system for two decades and who got richer by trading with Iran, Clinton used an absolute power of the of- fice in a way no President had before, U.S. history has seen its share of controversial presidential pardons: Andrew johnsori s of Jefferson Davis fueled his impeachment; Gerald Foal's of Richard Nixon helped cost him his re-election. But white Johnson and Ford paid aprice in their time, history has also found larger puffs in those de- cisions. Even the elder Bush's tIristmas 1992 pardon of Caspar Weinberger after the Ian-coram scandal-which had a sell where Democrats once expected ted a rrr err nesutent Bush.'. Clinton is serving element, since a trial might have * Cli ,41 , to `asks the case eeriest Bush's maldng the honesty-and-integrity ease for f focused new attention on Bush's role- 'N tax cuts the us says a Bush side. We don't have to do 1+ found a larger rationale. Those earlier par. former President's travails anything." Clinton grouses in private that dons "were attempts to put an escapade lfh Mdwa mMearrus?ake... s dhav?ebeentermoresensifiiye?die ' WbkV+ airdientsoverCli+ pe EMMW8ShS denL" '+ ... --PIMCW J. PURCOL , d"", M'" $41r DMA WNW, $wet* tlN fin's docwk n b Mro C**O to sPSs TLNa rrFaanARy ae, aeol -•r A:. .:.1.1.._1, t.11.: N A T I O N behind the country, to heal the wound, to bring the country together," says Chicago- Kent College of law professor Harold Krent "This is a controversy without a rea- son. That's what really differentiates it" A pardon without a rationale has de- manded too much of those who rallied so dependably for Clinton from Whitewater through Monica. And it has revived the question that has confounded the Clin- tons' friends all along: How could a couple so attuned to the most subtle political rhythms he so tone-deaf when the issue is their behavior? A great many former allies are sick of trying to figure that out. He's on his own," says a prominent House Democrat. `Cie only Clinton left now is Hillary, and she's the Senate's ptob- lem." The Clinton Administration diaspo- ra has been nearly silent as well. "Total disgust," says a former Cabinet secretary, who has canvassed half a dmen others. "l'hey wantno part of it Theybavehad it- with both of them." Congressman Barney Frank a Clinton stalwart throughout the impeachment scandal, told the Boston Herald the Rich pardon was `justabusive. There are people who forgot where the line was between public service and what was personally convenient for them." While Clinton maintains he has no re- grets for what he did, others have been compelled to say they are sorry for their contribution to the collateral damage: RogerCardtnal Mahonyof Los Angeles, for lobbying for Clinton's pardon of a Demo- cratic donor's drug-dealer son; Morgan Stanley chairman'Philip j. Purcell, for pay- ing sixfiguresto hear the inaugural address of Chntods ex-presidency. (Clinton has told friends that Purcell didn't seem to ob- ject to the standing ovation Clinton got, or [H I S U L T I M A T E D E A L How Rich Got off the Hook Marc Rich trades nearly every plant, mineral and fuel that can be taken from the earth and turned into prom. He does it on such a tpand stalethat his trades actually affect how much Americans pay for a slice of tread ora kght bulb. "Some say he is the greatest trader since Moses made a deal to part the Red Sea," says biographer A. Craig Copetes, a Wait SireetJarmai reporter. When Clinton pardoned Rich lastmonth, itwasyetanotherdeai-a business problem that took 18 years for Rich to solve. Before the pardon, Rich appeared to have it a" mansion in a Swiss village, a global business and a helicopter to take him skiing where no Oft Could reach. But Khe left Switzedand, Israel or Spain, he risked getting bounced to New York to face cr nwWtax-evasion charges from 1953. Bounty hunters and U.S. y' Marshals set traps for him, and Rich missed his father's funeral--and later his deu®nter's when she died of leukemia in 19%. There why, for the two decades after heffad the !!. U.S., RICK has been trying to buy his way back to respectability by stroking the interests of the Israelis, Swiss, Spaniards and, Americans, cultivating relationships like roses in his garden. From his outpostin the Swiss ° Lawn of Zug.. he wired contributom around the wvdd-to hospitals. open, houses and disaster-relief arganimtions-and slowly, the FVWTIVE FINERY Rich and secawd wine 6ateta at a Charity bag in Spain t **Mwas camouRaged byatltto pretty flowers. He donated aneadmatad $200 nhiabn to institutions in Ixae1 and the Jewish diaspoa. In 1985, scoordingto a memo authored by one of Rich's lawyers and obtained byTIME, he offered to aid the peace process by helpkgfinance a private immstrnent hank with Jordan and the PakmGniana -with the caveat that he would need to move freelythrou gautthe teglon. kraal launched a "confidential kdtlatva"togethee U.S. off Rich's back, accdrdinngto the memo. Then Foreign Mink terSMmon Pores met wtlh Dennis Ross. Cgn bWs Middle Fastenvoy, to plead Rlrh'scase, but Rosswas uncpMnced. Fiveyears later, of course, Prime Minister Ehud Barak voudhod for Rich again-this Bmedtroodyto Canton, with better results. In Switzerland, meanwhile, Rich has contributed hundreds of millions of dollars to the economy through taxes and donations. "His donations are strategically focused," says Josef Lang, a Swiss historian and government official in Zug. "He knows exactly what segment of the population to attract concerts and museums for educated, high4neome people, the hockey club for'popular appeal." All the while, Switzerland refused to hand Rich over to the U.S. Says Hans Bachmann, the mayorof Meggen, wh ereRich lives: "He has not demanded any special treatment from local authorities, and we in turn do not talk about him." Rich's empire has flourished because of his ability, to operate below radar. But the pardon he wished for has magnified his every move, and the relationships he has nurtured have hegunto sour. "A let of people are distan"themseNes from Rich," says IHfig. Swiss officials are invrAgatingwhether Rich's company has complied with taws against money laundering. The longest trade of Rich's career may turn out to be the most foolish. -$ knowinwoft Rotmeadbf' Korea Mold AMnlUlif?in Jfaftm Raaarnawy6Maee, PWW M 1reb&*Ipark and 1141doof Wol~AWMkgeen i 25 ?q 'a r 0 L a w4 . 4 {y. 4.? y 'sr; t v7r a!? N t? s CIA:. W ?. JI, shank hartAa» kd4r8an he asks his fnerxW' wouldn't he have weh oiled and shiayspou someone else slants for two o-xaiwd•) helped out his, bropmWorks buddies, " in the hunio decide' to take # `out for a 5 ar4uxg mw not ba to r- ' *rho wale pleadig on behalf of jaded But po&ocrats now fear??ieAuliffe ZvM, lisle NattveAmerfcan activist I ard PefifetP cagYd be suCd into the ¢ost'pti?6l?a icy r s c(pkl its siring inv( Vutversi% wbieh has tnv*4 ?. and 'David Geffen will 6g* talk to 'met" he scidWal, given the role he bas pla}±ed, in 4tirrtenf and fittMwFr Pry Bosh to says. His clumsy reailtions repeal how ' raising money for both Clinton, and the help ov?smemt ate ;its anniversary heavily he relied upon palace guards.I$0 million presitntitil library, with? re t ie syring, is a skittish, lVe hope it AR that's left of the Chat tt spin machine the gifts are unre9trioted and not sdhjeet IdtnTS avoibyt#tet4; sayspilgp?afl er, Ele is a suCceaSlon of temp4iiuy press seem- to'disclosure-at least`PitYdk they were }dt id aid Nlum. sa ttt?re';;not muelp wpls40. do." ies wad en ad hoc group of advisers. He with a congressional subpoena, 9o party "the only ' seeming .}kASper no longer able to {range the subject - strategists are hedging their bets 'arid under A all hAs# *0 pub1Y>hi `btai- with a merry econotlt ?sport or poll-test- looking for new spokesmen-Democrats ties, The Sena, kttiies Committee lNst ' ed Htecuerve order or' vtkh!ile Past peace in Congress, think tanks, labor utrions, f mile ,day'31118 milt}set book cordec'mce. evenAlPom. ^ u to dis 4pp°tred to havelod his l+is end Ilhts ariitouncad a Ys eorancel 'acAtaofptxc rsx r touchhstt}t'hts jdh, but the"bee Ver- TA k edidou of the 15 yeer?id Hhotdin Wpther any better. fly of his life' is that he should never be oitf priu Alpfof Men' fkro Magic Rich When Itntop va$ated the Oval counted out fiislSolftl linstinctsahvsys 0*44444 am, i&adedtrie Office; hebasisa*leftashB16?- seem, to rescue hjm from his worst fm- Deowne the'llrortd's Moar$ought- l'er warding address the tic pubs, and fot a moment last Tuesday, it orxrpQr s Crr 411 The pardon sprt5`e? is National Com illbee. Pn, Anal lo»ked as if the m#glc,wss back. The real also the first ChntrAl 'soandat to offer local weeks as President, be helped armtege for ptpblem with CHaWs New York City aa>gtes to city edfffat gross the country.. his good friend and chieflund raiW'rer- midtnum office had been not its rent but Clinton pleads "hmy'tderrnent over it ry McAuliffe to take over pp party O*r- the presumptions of privilege it implied. A. if he were trading pardons for money, man; perhaps he wanted titio vehicle to be The champion of the little gay would be t., y..... la t a9 a ,11 y 1l ssy, "", ??, 99"fillrutrrngreattehb `,nathavk?tMaWNratesufiM ? 1*6'stfiradl+afpetdenatoE2 i pWdbnlanoatr." Parft: NUUM 10 a i People. NreaatgtLforrner i r" L t JtePfanMtiva Dan i 4 oprwlitee at *YBO.f:iMmRich'$,W.O r ED[C.1SSenator•elect mNataaafpublictuMs. help ofliflitery Canton or Now '. ;?ackQnArtn1, aphpre `: Hillary GMrton99eestoan *_ YorksertatarChuckSchurner, Denise W slams thoplan. erdhlpmrpD?rtMrtc?aa rrsrnolra. dealftther ¢ Maureen Dowd reveals HNlays . A?. taWlWafbuw tleffik 7'tn ? ': tttt wntC. aO Atawfike House 1 frlends The C Dna'cfudes fYwre eveMreaduleB Hatllrs cNntore artlRdose . ttwtllDletareef 5trolsarq.ltdr'sec-wife $190,021 worth atgrta from tncluar?one Denise takes Canton aside to supportofs-hrclWm`cofM$ aDM so quh*a" tiro may+t d plead Rich's case. to reaynt tawasano ohehs ttiom Genla? ! colleagues rit>dBWrtsah Rabin, years, Denise has Oted f Rich, hauled at a7,375, and s w>dowofUse AM lereell Prime rawly airrfiW oON i C11"114 table f MIDeth Dororetr,.; Minister,nVKhslp. A~ maestro of the kraal : Demoa'atic taartyand Its : the Weaithyfamwtlnsnce cfia1r AaAao, Rad1'a polm man in P!Whetwnonle. (Rich's ; candidates. S7D,000 to '. ofthe Denrodetk Natltatel Israel responds, IW a bed foundations have ` Hillary's Senate cpntpplga, Committee and close Mend of Wee. The problemis howAowe x wn6lbutedsome 5450,000 to the CNntanl ! ?N dMmm?'s. ': contact no? She died lest 0= million to teraell and and a1O.000tegltewt's - 1 i No r." JwAM camel Nolan dose not i defense fund. - , ¦oQG.?V4>tars-aoMk forward the psttibn to ¦JAN 3HNlery Clinton is sworn " Justice Department. ' ?, ', fOrrrlerlerAMli Pdrrhe MMkter i. ,?" StdnantOpMa&NgMWrh tOlobbY for ttlct'.i's perdprr.. t1urlrgacorrvertlbtonwith Cardon,laraegPAmeMinkter w flnrdttw**setlylobbyi%fcr the Per'donaloonwkeed lersell spyloredbaft pAhn ' tfo rPodr'stil ft accord lgto . _ aQtanne•nlall:.. Gone concedes t 26 " e.r.. Holder, the Attorney Gerwal.klhe Justice Depdrgnernt'" who knows aboutthePenton application ¦ ott'.f?'. 261" lawyer Robert , HAlac from asapi , Into the Senate, which prohibits the receipt of any gilt worth more than $50. pardon for Mh rru" R eaekr lbr isYre.,s,N',?'clals to i accept tls rpjecddn of a perd E forjalledkrapaatryJonathan i Pdleiu rona9fora resson to T ol" begins "y Thhet%bile H ahlpplotilUmlture and ether , _ •t N A T 1 O N hanging with moguls like Barry Diller, trotting down to the Four Seasons for lunch. So Clinton announced he was heading up to West 125th Street in Harlem-a ploy so transparent it actually worked, bringing happy headlines to the tabloids and a cheering crowd onto Mal- colm X Boulevard. It hardly mattered that Mayor Rudy Giuliani already had dibs on the officespace (a temporarycomplication that a presidential advance team would have avoided) or that the inspiration to make the move came to Clinton while he was playing golf at a Florida country club that has been accused of discriminating against blacks and Jews. There were signs too that Clinton's damage-control muscles were finally flexing. Thursday night, Geraldo Rivera reported an exclusive interview with a "frustrated, angry, but still defiant Bill Clinton." And by Friday, an op-ed piece was being drafted for the New York Times under Clinton 's byline. In it, be would not come up with the apology some party elders had been begging for. However, he would accept full responsi- bility for the Rich pardon and frustrated- ly, angrily, defiantly assert it was one with which he was comfortable. As he struggled to regain his footing, Clinton was even able to oonscript a few ragged surrogates to put a noble if belated spin on the Rich pardon. Clinton did it, they said, to please Ehud Barak, as a gift to a man who risked so much for peace that he got kicked out of office. One prob- lem with that explanation is that Israeli officials downplay Barales role, saying it consisted of a brief mention during one phone call; sources close to Clinton con- tend there were at least three. Either way, the Rich effort paled beside Barsk's un- successful effort on behalf of jailed Israeli spy Jonathan Pollard. But in persuading Clinton, Rich attorney Quinn understood from his White House counsel days how impossible it would be to pardon Pollard and leaned heavily upon the idea of Rich as a consolation prize. The Rich pardon was sold as a sop to Israel that could slide under the radar in this country. Harder to explain away was Senate. testimony by justice Department official Roger Adams suggesting that the White House had scrambled in the predawn hours of Inauguration Day to create a pa- per trail that made it appear that the Rich pardon had gone through normal chan- nels. Adams suggested the White House even tried to slide it by justice, portraying Rich as a jet setter "living abroad" and leav- ing out the detail thathe was also a fugitive. If there is any comfort for Democrats, it is in their experience thatwhen it comes to Bill Clinton, Republicans have never failed to overbid a good hand. The first evidence that this could be a replay of scandals past came when Pennsylvania Senator Arlen Specter raised the possibfl- ity of a postseason impeachment trial. And Indiana Congressman Dan Burton's committee, already on its second round of subpoenas, is the same crowd that got nowhere on Whitewater, Negate, Travel- gifts tothe Clinton hone In Chappaqua, N.Y. When the gifts come to light in February, the Clmons will pay for $88,000 worth of them and return $28,000 worth of furnishings that are deemed White House property. ¦IAN. S Quinn sends a personal Letter to Clinton, In which he writes, "1 believe M this case with all my heart." to JAN. B Quinn a-mails colleagues, "I thinkwe've benefited from being under the press radar. [While House chief of staff John] Podesta said as much." ¦ AN. 10 Bill Clinton calls Dozoretz in Aspen, Cob., and says he wants to grant the Rich pardon. According to an Azulay e-mail, Clinton told Oozoretz that he "is doing all possible to turn around the White House counsels": Clinton "sounded very positive" but said, "We have to keep praying.- it was Dozoretz who secured Denise's hefty donation to the Clinton library. Quinn forwards a copy of his "all my heart" memo to Hodder. He adds, "Dear Edc, l hope you can say you agree with this letter. Your saying positive things, I'm told, would make this happen." Holder later testifies he never received the letter and that it didn't reach the pardon attorney until Jan. 18. ¦ IAN. 17 On the last trip of his presidency, to tittle Rock, Ark., Clinton banters with reporters. "You got anybody you went to pardon?" he asks. "Everybody in America either wants somebody pardoned or a national monument." ¦ JAN. 19 Independent counsel Robert Ray announces a deal in the lswinsky matter: Clinton confesses misconduct, and Ray shuts down the prosecution. Clinton speaks by phone with Barak, who makes a final plea for Rich. Quinn talks to Clinton. They cut a deal: Rich will get the pardon, but he won't use the statute of limitations to avoid civil prosecution. Quinn's notes from the conversation Include a few inscrutable phrases: "stayed o PUGkchY," rich JOY/." lobbying hard, days rcthere'a a foreign pollcyberefflit he's Clinton and close fiend be Harry Thomann finish off some apple cobbler and watch State "inequRy," 'bias-- White HOUSE counsel Nolen caps NoMertoaWtforhis opinion. Holder: aware that Barak Is "neutral, teaningtoward favoraGe."Quinn later testidleathat Nolen told him in the days afterthe pardon that "rcMr. Holder hadnY participated in the process ... this pardon wouldn't have away• -derei--wble " White House lawyer Meredith be on the pardon list. She asks "living abroad* for several years---she conveniently doesn't call them fugitives. Two hours the Oval Office. Says Podesta, Of good." -ByAednrr 00Mslsir and Main; Canton keeps poppingup to worican paMols. ¦lAN. 20 Shortly after midnight, cabs mentlom for it* first time to Justice pardon attorney Roger Adams that akai and Breen may for acriminal-records check on the pair because they had been before Bush's Inauguration, the White NOUee lasuee 1T7 paribus and commutations. Clinton and chief of staff Jrodesta take a last turn through takhuga longervLewc "We dkl a led DOZORETZ i gC I ptae and a raft of other t.`Bnhwe m _A.., . to the inquiry that U.&, A announced last week in Nei au fmmunfaed witness or a but if it who elan " ? »>ontha or even;yeats to <otne. ?.va wr 3n the rhea daft everyday 41e is not utitsdiversions for•thees4W sident + ! boasts that he has memorized his new 1 Oscar to pay for W Password and offered his card to bts t ^ new, iA n ExprHess brandished r left card at a now infamous dinner last month in New York City's Gmenwioh VAsge, where BftrbY Pahtma said they heard him chortling with former Senator Bob Kerrey over les- bian jokes. (Kerrey insisted on paying, another perk ex-presi- dents get used to.) Nor has anything he has :#06'put Clinton in danger of in New York. He was lpisaat fining to fit in with the s blue blOods. A snooty last so, unsophisticated. vac They don't know tc Switze'Aand.° But s-a 's Most interesting se Ida* mobk mutually ex _.?w which its better to be isiiiiiiillg tit good-win w'eloome him R??• W6atsvei: else he maybe he's Is pretty provin- I." Wfimot, as t ad don publicist * firm handles Sean (ptt10 Combs' AIg line. "In New York, the most den- as thing on earth would be matt neat to ilident Clinton and ask him anything { WOOL There am Wing to be elbows and *5 puslibig their way over to him.- Ift hard to figure out why Clinton thetsfmply embrace his new I& finrn outset. If being president th 1V A T I 0' N, ti a bme. IU spesk*,, fens and board ap. Pointments pay e*m%b to finar cehomes in any vacation. APot one it4tt fancy. Everything axle ssys is wise, and ewexy-one writes pa *sigh selt?er list Ex t to the best. pipsidents do good works, make the oocwioria( mis- sion, oversee the owu ge for their White House eelios. The biggest Payoff of all so a .former President ,trim- substantiates. kcm Pol.. to statesman is ^"f! ? n ua ? k i TOWWabons. have become stems atbactions et n ?iea combined ge am* nAlm annueRy) and, in some a n. Bin's blandness, Jimmy CartaeS right_ e0*sII0 s-cometobaregardedasvirhms. To be a succesd'ul ex-President, Bin Ctin- _tonmuat first find a. way to let go of his Presidency. Or. even harder. find a way to make it iet go of him. -liar, 1, Umy. *W Mackink% jai" cow Ombp *.LW. - CMW Md AmM&* pdieystan r ad Job, dMIcult job in the universe, being an exxt- raged Pao ftft wthat Lannoyed and ea.. WW; An&m CpidsrMn about president must Piel is office- Renton exit acandais on surely be the most sub- Harry Truro ti's aimm Ae1friedOnk"at7pni.B.T. t ere epeoplew6o . te tWfMftI .wwbe :e Ra+?'comY?is?b?.ff picsetviceand C'i`. '" ?ul?i?r+rs.drt?t+ik.o«.?e?twM,,..a?,?r TiMe lnraRUARti ss, yooi --AM far ClWton FINAL DAYS: Bill's finale was Clinton-esque-full of lawyers, a specter of scandal and a blast of payback. BY DEBRA ROSENBERG AND MICHAEL ISIKOFF T ENDED MUCH AS rr BEGAN, IN A last-minute frenzy to get things done. Eight years ago, President-elect Bill Clinton, worried his Inaugural Ad- dress wasn't ready for prime time, stayed up most ofthe night rehearsing and revising. Red-eyed and putfy- faced, hewas lategettingto the White House larly bothered. Escorting George W. Bush through the grand foyer of the White House on Saturday, the soon-to-be ex-pres- ident was relaxed and good-humored- flush from his last-ditch attempt to settle old scores. The deal was classic Clinton, a fitting fi- nale to a presidency defined by an endless for an Inaugural-moming coffee with out- cycle of career-dueatenin scandal and going President George Bush. Clinton spen his last days in office the same way, huddled with aides late into the night, working on lit- tle sleep, trying to finish the job before die next President Bush came for the keys on Saturday morning. In those final hours, he managed to cut a legal deal that spared hi both indictment by Independent Counsel Robert Rav and disbarment in Arkansas. Then, having helped himself out of a life- time of lawsuits, he used his waning power to bail outhis friends-and infuriatehis ene- mies-issuing 140 pardons and 36 commu- tations less than an hour before work crews arrived to rip up the Oval Office carpet, Once again, it looked like Bill Clinton had beaten. the odds and won a narrow, if bittersweet, victory Historians-and plenty ofAmericans-will judge him harshly as an impeached president who barely staved off banishment from the legal profession for dying under oath. And Clinton couldn't have been Pleased that Ray's timing cast a shadow over his final few hours in office. independent counsel agreed to drop the case against Clinton in exchange for the president's admission that he gave false tes- timony about his relationship with Lewin- sky Clinton also accepted a five-year sus- pension of his Arkansas legal license and a $25,000 fine. The terms were hardly flat- tering. Yet last week he didn't seem particu- 32 ?"WSWEEr JANUARY 29. 20l 1 t death- g defying recovery. Climm?'s political ed enemies saw the deal as proof that the long years of investigation were justified. Clin- e ton tried to spin the agreement as no big n deal. And the public seems to agree, The e new NEWSWEEK poll shows 44 percent of m Americans say Clinton's punishment was I .about right;"33 percent thought it was not tough enough. As he had so many times before, Clinton depended on the kindness of lawyers. His counsel, David Kendall, and Ray had been meeting quietly for months, searching for a middle ground. Ray kept the pressure on the president, seating a new grand jury to show the White House he was serious about prosecuting if Clinton wouldn't play. Those close to Clinton say he never be- lieved Ray bad much of a case-but neither the president nor his lawyers thought it was worth the prolonged agony of finding out The agreement started coming together early Iast month; Clinton agreed in princi. ple to admitting he'd been less than truthful in his sworn testimony. But before Ray + Kendall sagree ettlethen?tngfinal, he insisted separate questi Clin- ton's possible disbarment in on Arkansas- oFEar- ly in January, NEWSWEEK has Teamed, Kendall secretly flew to little Rock to meet with lawyers from the Arkansas bar.. Clin- ton had been furious last year when the I FAIMER AND DAMMIM Rolm OW tlw pWdrtt "are" in Um Owd Wft dw Ms WW WNW-00 fitWW addrMt 1'^ state legal establishment recommended that his legal license be permanently re- voked. Kendall hoped to come away with a two-year suspension. In the end, he had to settle for five years. Sack in Washington, Kendall and Ray began wrangling about the timing of the deal. Clinton suggested an announcement on the Mondav after lie left office. lie didWt want the news to detract firom his final days on the job. But Ray balked. According to sources close to Clinton, the independent counsel insisted that any deal be wrapped up before the new president took office. The first weeks of Gerald Ford's presidency had been consumed with questions about his pardon of Nixon; Ray wanted Clinton's successor to be free of Clinton's shadow. Eventually, they agreed to announce the deal on Friday, and the lawyers worked frantically to finish the paperwork on time. It helped that Kendall seemed to get on better with Ray than he had with his pre- decessor, Ken Starr. Kendall couldn't re- JANUARY 29, 2001 NEWSWEEK 33 A OUNT MOMENT. Eight yea's after %rci t WRAPPIM UP- On his last M day-the Bush's dad from Washington, Clloteo day he struck Ids plea a0reanent-the wekoknes his old We son back (below) president dears out fib desk (above) ,x,* kvvvt(AL*200I sist taking a dig at Starr on Fri- day, praising Ray as a "real prosecutor." Clinton didn't take long to put the matter behind him. With less than 24 hours left in his presidency, he still had to wrap up a major piece of business: presidential pardons and com- mutations. Clinton had planned to issue pardons early on Friday, but was still working on them by midafternoon. He spent the rest of the day and most of the night in the Oval Office, hagglingover names with top aides. The list wasn't complete until around 10 a.m. on Saturday-30 minutes before Bush was scheduled to arrive forooffee. It reads like a nostalgia tour ofthe Clinton years. There are the scandal figures: Susan McDougal, the Clintons' long-suffering Whitewater partner who served 18 months in jai] for refusing to testify against Clinton. Former Housing secretary Henry Cisneros, whorl run afoul of the law with seem pay- ments to aformer mistress. Sixlobbyists and political aides convicted by Donald Smaltz, theindependenteounselappointed toinves- tigate former Agriculture secretary Mike Espy, who was acquitted. Former ClAdirec- tor John Deutch, who was accused of mis- handling classified information. He also gave an official reprieve tohisbrother, Roger Clinton, who served time in prison on a co- caine charge. He pardoned reformed radical Patty Hearst, and gave a commutation to jailed former Navajo Nation leader Peter MacDonald. Perhaps the oddest envy on the list: Marc Rich, an accused tax evader living as a fugitive in Switzerland. Rich lobbied hard forapardon, hiring former Clinton White House counsel Jack Quinn to plead his case with the president. Is- raeli Prime Minister Ehud Barak also intervened on behalf of Rich-a large benefactor of Is- raeli museums. Early Saturday morning the plea deal and pardons behind him, Clinton stepped into the Oval Office for a last look around. He made phone calls to friends, then sat down to write a letter to George W. Bush. He left it on the desk, along with a copy of the letter Bush's father had left for him eight years ago. In a final send-off at Andrews Air Force Base, Clinton told the crowd, "I left the White House, but I'm still here." The line won warm applause from his supporters-but to his ene- mies, it must have sounded more like a warning. Wuh Murk Hossxaw• r M =, .. +-, , ......1- 1 : -- .1'1`11`-11 kV11 I.,.: k`. J,l%11 l,$'?%l.•. Pardon Me, Bill: Clinton Clears the Books A day after his own legal troubles ended in a plea bargain, Bill Clinton issuedpresidential pardons to 140 people and commuted the sentences of36 more. He also left some well-known offenders conspicuously off the list. The former CIA director Bill's half brother CAmvicted of fraud in faced charges for stash- spentayearin Whitewater, McDougal ing secrets on his home prison after pleading twice refused to testify computer. He was nego- N guilty in 1985 to before a grand jury IN tiating a plea when he selling coke. He investigating Bill and was pardoned. credited his brother Hillary Clinton and with saving him served 18 months for i.tQgK'AVhm1rx from his addiction. Contempt. Former HUD sec earV ?tlaitnr<.•rraa•rw`r•.v Cisner<xs to the pleaded about guilty payto- l tying to t . HfE SYMINGTON 111 PETER MacDONRLO mentshemadetoaforn:ec ". Clinton pardoned the former Arizona Convicted of inciting a riot and mistress. He resigned but governor, convicterl of fraud in 1997 taking kickbacks, the former served no jail time. Though his conviction was Navajo chief got 14 years; his overturned. he faced a new trial. sentence was commuted. The hetress served two years in prison for her part in a 1974 Hil?tyftiru• The kingof '. LEI WO P?1 bank robbery after she was roll's former- nkbotttls ThaBioutr Nee abducted and brainwashed lawparnsar, Vleadedsvi tj , aril *vrarcd the Symbionese Rubbell III tos ,0440iNingto rberation Mny, a pleaded , ftatidin1A9o dar ogt cos radical group IIIr EII. guilty to em- amdpaid a ttbeP ue c ll? Ill- beWnent S,5tH1otRlion Ridlowua1111 `°; amlanfspit4ngtoovacx?i in fne&,Hewasbacted +rlttiunat9olatt 'w E E herxleinWttitewater. fiotn*6industryfor1*. + iaab#rgpa 0.on Ok.,9 t.?5 1t v ... W MMRD&- Catryhlp on an old tradition, MW Isms a hand- is, it tae nob for his succssa011 addressed to `Proaldont MW the living room of the gover- nor's mansion. He watched in disbelief as the tube delivered the legal bulletin: the Florida State Supreme Court was Or- dering a full manual recount of 45,000 "undervotes"-a process that could erase his 537-vote lead in Florida and give the state, and the presidency, to Al Gore. That night. Bush's law- vers raced to the G.S. Supreme Court, asking them to stay the action. Their client, mean- while, retreated to his ranch in Crawford, Texas, to jog, clear cedar brush from the land and play host to a Time magazine editor measuring him for "Man of the Year." Bush was at the wheel of a Chevy Suburban Saturday afternoon when the mobile phone rang with the good news. It was Don Evans, his campaign chairman and longtime oilfield friend, calling in from Tallahassee. "The Supreme Cou t just granted you a stay," a gleeful Evans told him. "That's great news!" the governor said. Indeed, it was for Bush-and it marked the end of an equally wild ride, but in the opposite direction, for AI Gore. He got 28 NRWSWEEK OECFAJBP. .° - -- - - --- - - - --- -- - - - -- - - - - -- Iona us rVm.l cm P:R F.1 1,x o4- -- F IHURSD.dY, DEC. NQ NXIM, RST. UN BEN%ClV7O?K. bio?NGCON u.w. v.< -m ,?w __ v.emo....n ?av wv-s<va.ovrewswEER. o<moe=..?^ .....?_._ his good news first-in the sunlit library of the vice presidents mansion. He reacted to the Florida court's ruling by inviting guests in for champagne and by joining Joe and Hadassah Lieberman for a Jewish wel- come-the-Sabbath ceremony. (They'd brought candles and challah for the occa- sion.) Later, Gore chairman Bin Daley and other aides got a standing ovation at the Palm Restaurant. "We live for today!" said a giddy aide, 1bm Ndes. The patty bal- loons burst the next afternoon. Gore was at the mansion, preparing to play host to the governor of Alabama and his wife, when he got the bad news about the U.S. Supreme Court from legal adviser Ron Klain. Gore canceled dinner and hunkered down to make calls. "I've been counted out before," he told Klain. "Let's stay focused." But it was hard to rally the troops. Nides summa- rized the Gore team's new position- "f---ed"--and its game plan: "Hold our breath, polish our resumes." A month after election night, Bush and Gore were reliving its head-spinning gyra- tions, This time it wasn't the votes that buf- feted them, but legal rulings that the votes provoked. An election between two men had metastasized into a proxy war between two courts, themselves split, in TWIahassee and Washington. In a divided country, soon to be led by a divided Congress and a potentially enfeebled president, the courts had been invited to take over a national election. They had done so. And why not? Since the Mos, Americans have increas- ingly come to feel that every public wrong has a legal redress, every right a writ to pro- tect it, every unfairness a cure from the eq- uitable powers of justice. The courts' intervention might produce a fragile legal peace-or an election careering toward an even morechaotic denouenientin Congress next January. The risk was real: a full-scale constitutional crisis with compet- ing slates of electors, warring lawyers and, finally, the spectacle of a president's being chosen not in the countrybuton Capitol Hill forthefirst time in more than acentury. Arid even if the Supreme Court settled the matter quickly (by flatly overruling the Florida court), much damage had been done. The courts' inten• ration exposed the raw undercurrent of politics that runs be- neath them, Their actions sullied the naive but necessary faith in their Olympian neu- trality. In pulling the legal fire alarm. we may have set the fire station ablaze-with high courts just another set of institutions cuffed around in the hardball culture. As for electoral politics, last week's events may lead to a season of rancor that will make last fall's long campaign look tame. Though the justices wear sober black robes, their moves last week were center stage in a political circus. In Tallahassee, the appearance of the court clerk on the courthouse steps drew a huge throng of' media and demonstrators. When he an- nounced that the court, by a 4-3 vote, had ordered the hand recount, cheers echoed throughout the plaza-and furious Repub- licans immediately denounced the court as a hive of partisan Democrats bent on elm- total theft- "This judicial aggression must not stand," said the GOP's leading fire- brand, House Whip Tom Delay. The Bush camp's.. reaction was only slightly more tempered. Briefed on the rul- ing a few minutes in advance, Bush family comigliere James A. Baker III was livid. ??? .,Q#•h 1?{4. ? ??g- s ,?a }?+?l gy?tjj !N?^„+F.) l.. 1'lll\ N:: WYWF. F.\ I'LL, PW NC6fON NI:KI'EY MNI,CH AYA(K`L\'I`Pl IN'1'Y., I r:W,. 30 NEWSWEEK DECHM BHft 18, 2000 1.182MULI5(492oNTHU"sneY.6rooNlMmnvlxv Ta.I,urNnsvr)Rc v-K. re F,anaam "One lousy vote," he muttered to an aide. In public two hours later, he shed his corpo- rate cool and delivered a fiery stump speech. "This is what happens when, for the first time in modern history, a candidate resorts to lawsuits to try to overturn the outcome of an election for president," Ba- ker said. "It is sad for Florida. It is sad for the nation. And it is sad for our democracy" Ofcourse, it wasn't the least bit sad when the Bush campaign resorted to the courts- including the U.S. Supreme Court-to halt the recounts. After the high court, on an an- grily disputed 5-4 vote, agreed to stop the count last Saturday, Baker re-emerged, looking chipper, and pronounced the Bush campaign pleased" The new order stopped the manual recounters in their tracks. Cable TV showed their getting up from their folding tables in the Leon Coun- ty Public Library. Outside, a crowd of So Bush supporters shouted "Give it up, Gore," and sang "Nah, nah, nah, nah, hey hey, hey, wodbye." Now it was the Democrats' turn to decry judicial intervention.. They noted that the five justices voting to stay the recount- William Rehnquist, Anthony Kennedy, An- tonin Scalia, Clarence Thomas and Sandra Day O'Connor-were sent to the court by conservative Republican Presidents Ronald Reagan and George H.W. Bush. "The thing that's clear is Gore won Florida," said Rep. Donald Payne of New Jersey. "Now the question is, whether the courts will allow the true result to come out" Sen. Patrick Leahy, the mild-mannered senior Demo- crat on the judiciary Committee, was un- characteristically caustic, denouncing the high court's "extreme judicial activism." THE SUPREME COURT [T- self was looking very much like a political arena unto it- self, its justices divided roughly along party and cer- tainly philosophical lines. "The majority has acted unwisely," turned justice John Paul Stevens in dissent, writing for a four- some that included the court's two Demo- crat-appointed justices, Ruth Bader Gins- burg and Stephen Breyer. There was no showing of the kind of "irreparable harm" necessary to halt state action pre-emptorily, he wrote. Justice Scalia shot back-vehe- mently. "The counting of votes that are of questionable legality does in my view threaten irreparable harm" he wrote, by 'undermining the public acceptance demo- cratic stability requires:' But when this chaotic legal season ends, the man who manages to stumble into the Oval Office may not have much "public ac- ceptance." In the new NEWSWEEK Poll, 40 percent of voters polled Friday predicted that Bush's effectiveness would be "seriously hurt" if hand counts ultimately showed Gore won. It evidently won't be easy for the self- proelaimed "uniter" to bring the country to- gether. Gore, however, would have an even harder time, the poll shows. Forty-five per- cent of those polled said that his effective- ness would beseriously ham The poll also showed that the Florida vote-even if pennanently stopped by the Supreme Court-could be the Banquo's ghost at Bush's cabinet table. By a 62-33 percent margin, voters said they thought it would be"unfair" norto manuallyre-exam- me the 10,000 "undervotes" from Miami- Dade County. By 72 to 21 percent, they sup- ported a hand count of all the undervotes statewide. Under freedom-of-information laws, academics and reporters-not to mention Democratic operatives-can ex- amine those ballots next year, If Bush wins, he'd better hope that he's riding high in the polls when that belated "recount" emerges-or, better, that the count has him winning. For now; both men were focused on the White House-and would bealltoohappyto deal with their "acceptance" problem once they got there. Bush, unbeaten before the temporary- Friday reversal, had told his top speechwriter last week to begin thinking about anInaugural Address. Hefinishedas- sembling his White House staff list. Bush worked the phones, running the names of possible cabinet members by adviser-lumi- naries. One of them, NEwsw'EEK has ` learned, was CEO Jack Welch of General Electric-who wasp t interested in a job himself, but who was happytogive Bush his views on the qualifications of leaders from thebusinesscommunity. Bush had the easier route to the White House-if anything in this election can be considered easy. Of course, the quickest route to victory, and a prompt Gore conces- sion, would be a timely; favorable ruling from the U.S. Supreme Court. Many court watchers thought that result was likely. They reasoned that the Supremes wouldn't have voted 5-4 to stay the count if they weren't intending to stop it for good. That was especially likely, the analysts said, since the federally mandated deadline for offi- cially certifying a state of presidential elec- tors was 7besday-one day after the high courts hearing. VEN IF THE HIGH COURT did nothing, that, too, would favor Bush. He had, after all, been certified the winner twice-once by 930 votes and a second time by 537• Even if the court relented and allowed the count to continue, there might well not be enough time to complete the manual recount "The timing issue is the single most disappointing point," Gore's lead appellate attorney, =D id Boies, glumly noted. And even if the count resumed, there was no guarantee that it would favor Gore in the end. Indeed, some Gore strategists had been worried about just such a result if the hand count resumed. A group of academic statisticians calculated last weekend that Bush might gain as many votes in GOP-leaning coun- ties as he would lose elsewhere. Yet if he lost a recount, Bush would have other-though more heavy-handed-meth- ods of winning the White House. One would be to use the GOP-dominated Flori- da Legislature. Under the U.S. Constitu- tion, it has the ultimate residual power to name a slate of presidential electors if the scheme it set up by law for doing so fails to produce a result by this Tuesday. If the re- count resumes-and it somehow manages to be heading toward the finish line by 1Lesday-the legislature could step in on that day. More likely, the legislature could act on Wednesday, approving a slate in time for the federally mandated meeting of electors nationwide next Monday. Then that slate would compete with any possible Gore slate for approval in Congress. And Congress will be as split as the courts themselves if its members have to make a de- cision. Under the U.S. Constitution, a slate has to be accepted by a majority of both chambers to be valid. The assumption is that the Senate, split 50-50, would reject the Bush slate on a tie vote and that the House, where the GOP has a 9-vote majority, would 32 NEWSWEEK DECEMBER t8, 200o reject the Gore slate. But it's at least theoreti- cally possible that renegades in either party could upset those close calculations. If everyone sticks with his party, Gore would win only if the Florida court is able to order state officials-including Bush's brother Jeb-to "terrify" a Gore victory by the time the electors are scheduled to cast their bal- lots next week. Gore had one other long-shot chance: to persuade electors in Florida or elsewhere to switch allegiance and vote for him. It was a course suggested by The Na- tion magazine last weekend-but not by anyone in Gore's camp. Gore and his allies were left last weekend to savor the melancholy memories of their moments of almost-triumphs. Friday after- noon and evening were the sweetest of times, when the vice president evidently thought victory was possible-if not at hand. In earlier weeks, Democratic repre- sentatives had volunteered readily for sur- rogate duty, but by last Friday morning they were hard to find, But after 4 p.m. Fri- day--when the Florida Supreme Court rul- ing was announced-suddenly there were surrogates galore. Several signed up for monitoring duty in the recounting coun- ties, joining a planeload of Gore aides and election lawyers from around the country. Gore was planning to continue hosting a series of holiday parties at the Naval Obser- vatory, next door to the mansion. Washing- ton loves a winner, and one aide wondered aloud how many RSVPs had come in after 4 o'clock. "We should have cut off the RSVPs at 3:59, she mordantly observed. After the U.S. Supreme Court ruling the following day, some of the guests might not show up. Perhaps Bush could empathize with Gore. The two of them, after all, had been through the same ordeal. When the Flori- da Supreme Court ruling was announced, Bush suddenly faced the grim prospect of presiding at a staff party at the governor's mansion that evening-and another one on Sunday. It was almost a relief to listen to Baker and other lawyers explain the re- count details and that a squadron of lawyers had been dispatched to Florida to monitor the new recount. Bush had planned to send his political guru, Karl Rove, to Washington to begin planning legislative strategy. Instead, Rove was sent to Tallahassee. "I'm out of reactions, said Karen Hughes, Bush's industrious but ex- hausted communications adviser. Bush rose early Saturday-6:30 am.- and packed up for Crawford. Before leaving Austin, he checked in with Hughes. "Have we won yet?" he joked It was a typical show of Bush family insouciance, and a reasonable question to ask. By later that day he had even more reason to ask it-and hope he'd like the answer. With MARTHA 13V Wr with RUSH, Bru TuRnoxwith GOREand MARXMORENRALCand MATT Ber in WdAiNSM YR y }T.! .f,{?? ` f '(?,,??yl?( yR?,Y?, ?7 t .+?4 { iTP •.f ?J }.6r !?i (,„ry,6yPaP ". t ? .tALG 'I33?x:-a+JG1SJFV Irltrr, lk???. °? µ N? r. „ °? ....-..._...__......__.'.?.... _- "" nor EMBER 18, 2000 More cases of sexual assault by police are coming to light. Seven women say this Texas cop abused them. He's never been convicted. BY PEG TYRE o"."?K ev m."rowxu-rawsw"` WO YEARS AGO TOM GRIFFrr111 the local police chief from rural wnlWd, Rns, walked into the town's only luncheonette during the lunch rush. He waved to his petite Sanoee, Terri Tiuvworth, a waitress there, and took a seat at the counter. He began making small talk with a neighbor, chatting about the new deputy sheriffwhod been hired a few months before in nearby Camp CnnIttp--Milliant (Rick) Henson- Tittswarth was rushing by and overheard their talk She excused herself and walked to the back of the luncheonette. perplexed, Griffith followed and found her. She was on the boor, curled up in at hall, She gave a low moan. "He's back" was all shesaid. Over the next fete days 'pittsworth told Griffith her terrible secret Eight years be- T 38 NEWSWEEK luxe 13, 2001 A Growing Case irlie A sampling ofsexual-misconduct complaints against police officers, 1999-2001 fore, when she was 17 years old, she lived in tiny Mt. Vernon, Texas, a region dominated by coal mines and chicken-processing plants. Henson, a newlyhired policeofficer then:, had pulled her car over and brought her tack to the local station house. There, in a room lit only by a Coke machine, she says he repeatedly raped her. Griffith was stunned, "I've been around cops my whole adult life," drawled Griffith, a bantam of a man whod made a career in law enforce- ment. "I never heard of anything like this," Griffith then did the only thing he knew how to do. He set out to investigate the al- leged sexual assault of the woman who would soon he his wife. Over the next 18 months seven women-including Tins- Henson initially de- nied the allegations, but as the number of accusers grew he changed his story, saying that in each case where sex was involved it was con- sensual. Henson was never charged with a crime, and through his lawyer, Robert Be", he declined to be interviewed by NEWSWEEK. Bass describes Henson as a "sexual opportun- ist, rather than a rapist," a man who merely accepted sex when it was offered aral found, thmugtr his work as a police officer, that self was offered quite a bit. But Griffith became convinced that Henson used the power and authority of his badge to prey upon women he was sworn toprotect. In the colorful history of policing, bad cops-though a tiny percentage of all off- cers-are a fact of life. Even in well-run de- partnunts, pockets of rogue officers have been responsible for corruption, drug ded- ing and brutality. Recently a spate of cases has surfined around the country, in Sparks, Nev.: Wallkill, N.Y.; Washington, D.C., and Suffolk and Nassau Counties in New York, focusing attention on another way cops go bad: they sexually harass oreven sexuallyas. Sault women. Although crimes of this sort are notnew and no statistics are keptnation- wide, victims have begun breaking the si- lence. And no wonder. In the past decade de- bates in the workplace and on college campuses have given sexual harassment and date rape a place in our national dialogue. At the mine time high-profile cases of police misconduct-from Rodney King to Abner Louima-have offered stark reminders of how police officers can cross the line. Irani. cally, big-city police departments like the ones in New York, Chicago and Los Angeles are bestequippedtohandlechargesofsexi al misconduct Their internal-affairs depart- ments were created to weed out bad cops and bring them to justice. But three quarters of the country's 640,ooo police officers work in small and midsize departments. These sub- urban and rural forces rarely have the exper- tise or the resources to police the police. "Of- ten police departments just want to sweep these kinds ofcases under the rug," says gen- try Harrington, a former police chief from Portland, Ore. "These complaints are han- dled poorly and investigated badly, ifatall." Tbm Griffith thought he was well quali- fied to brings bad cop tojustice. Theson ofa Baptist preacher, he was mised with a rigid sense of right and wrong. He liked and re- SPected members of the insular group-the good Ole boy network, as he calls it-that runs taw enforcement in east Tbxas. But had also seen the lengths the} would go to to protect one an- other."I knew that this m ightget bad:' said Griffith, I just didn't know how bad:' A. fewdays after his wedding, he set out to gather the facts. Tinsworth's account never wavered. She described how in July 1991 Henson, then 34 and built like a refrigerator, ordered Tittswotth, who stands 4 feet 10 and weighs about 80 pounds. to follow him in her car. Nervous and perplexed, she did as she was told. She knew him slight- ly. A few weeks before shed asked hi in to look in on her best friend. who had had too much to drink. But when they got to the tiny Mt. Vernon station house, Henson, 6 feet 2 and 250 pounds, brought her into an interrogation room, snapped off the light, pulled down her pants, pushed her face down on the table and attempted to penetrate her. "I was scream- ing'No! No! Stop it!' " recalls Tittsworth, her thin voice qua- vering. Afterward, she says, Henson looked at her hard and put his hand on his gun belt. "You know what will happen if this gets out." She thought he meant to shoot her. Ttventy- four hours later, without a word to even her best friend, Shonda Allen, Tittsworth moved 2,50 miles away to Oklahoma City. Two years of crippling depres- sion followed. At 17, I didn't know there was anywhere I could go to report it," she says mournfully. "In my eves, Hen- son was the law:" Sexual assaults are tricky cases to investigate. In manyinstances, alle- gations boil down to he said, she said. But this time other alleged victims were not hard to find. When TAtsworth moved back to town two years later, in 1993, Allen arranged to meet her at a local steakhonae. Swearing her best friend to secrecy, Tirtts- worth told her about Hensons alleged attack. The usually stoic Allen broke down. "Me too; she said, choking. A few weeks before their high-school graduation, Allen said, Henson pulled her over during a traffic stop, grabbed her head and allegedly demanded oral sex. But there was more. On graduation night, when Tittsworth had trustingly asked Henson to check in on Allen, Allen said she woke to find Henson had entered the unlocked door, had pushed her up against a wall and was penetrating tier. 1 opened my eyes because I heard the notice radio; recalls Allen. .Afterward, she says, he asked her, "Who do you think folks will believe if you tell? You or the?" After listening carefully to Tinsworth's and Allen's ac. counts, Griffith did a strange thing for a man just back from his honeymoon: he asked his wife and her best friend to write out formal statements and sign them. Then he asked the two women to take polygraph tests. Tfttsworth,already high-strung, 3 became hysterical under ques- tioning and could not continue. Allen, tire steadier of the two, passed with flyingcolors. `I could t Griffith began making cau tious inquiries into Henwn's i had d past. He phoned a friend in nearby Greenville, where Hen- girls t son had gone to work. after he left Mt. Vernon. Griffith ?i learned that Henson had been Gr dismissed fivm the department there because of two accusations alleging sexual misconduct: one, that he pulled over apolice-radio dispatcherand propositioned her: the other, that he drove a drunken offi- cer and his wife home after a party, put the officer to bed and then masturbated in front of the wife. (In a later deposition, Henson 1 denied both allegations.) "1 became thor- oughly curvinced:' said Griffith, "that Hen- son was a pattern serial sex offender" With written statements from the dis- patcher, Allen and his wife, Griffith tried to 1 figure our what to do- I lcilson was a popu- lar depun: who was well liked by his fellow officers. Griffith feared breaking the on- written Code that cops protect their own. It otx. the alleged crime, were too old to 'W prosecute in small-iawnt Taxas, where memories are long and judgments are Larslt, Griffith didn't want to expose the women to unwanted publicity for a case =. drat would go nowhere. But he was con-, etaced that Henson should not be a cop. It i seas the schoolchildren, he said, that made up his mind. "I've always told kids. if you have- a problem, yon can always trus< a po- liceman," says t>tatlith. "I coutdnt live with the thottht that I had driven aEfencel 1 y wog g rls w someone like Henson. It ju Stuck in m' mind like abtiat.' yyhile Griffith "relied, Henson left Camp took a fob as cautain in the Ti- CouLers Cntt aountnd - sheriff's office, Griffith tinally sought a meeting Cridt Henson's boss there, the spot. But any misgivings Shepard might have had were apparently short-lived. A week later Henson was rehired by Sheriff Alan McCandless in Camp County. "So it's gone; Henson boasted to a local re- porter, referring to the allega- tions against him. McCandless told the reporter he was glad to have Henson back. "He's an ex- cellent employee.." And Shepard backed him tip. Henson hadn't been forced to resign, Shepard told the paper; "it's just over." The battlefines were now clearly drawn. Seething, the women filed a federal lawsuit, and'Ibm Griffith penned a let- ter to the local paper, laying out ,]? ?( '(, ,, ?L the accusations and offering llrt live With the t110ugp?ht that Henson $5,000 to take a poly- graph test. The scandal became riven defenseless young the talk of the community as people took sides for and o someone like Henson; Says against. Hopin gn clear the air, McCandless a for Hen- th. `It stuck like a briar.' Wit. Duthie g thhee a polygraph Henson denied he'd had for- I cible sex with Tittsworrh or Allen, the test showed he was lying- At the polygmphises suggestion, Henson stopped the test and confessed to McCandless that he'd had consensual sex with Tittsworth and Allen. "I wasnt happy, said McCandless. "But that doesn't make Henson a rapist." Meanwhile, Griffith began to get sig- nals that he'd made some powerful ene- ( mies. The security business he ran on the side, which relied on state and local con- tracts, hit hard times. One afternoon he found the dead body of his Rottweder in the front yard; another time his security, office was vandalized. But shortly after Griffith's letter was published, two other women contacted him, saying they, too. had been assaulted by Henson. A gas- station clerk named Billie Ann Diggs To um wW protUb Gtifth invenigaud claimed Henson came by her apartment afeumvoffcfffordkgedlyrapftnghisugfe in uniform and intimidated her into per- forming oral sex, and a nurse named DO!- investigating p ed 1 rosectte, and the tangers quietly clos Sheriff Arvel Shepard. Griffith presented 1 11 fah Morse said Henson was him with an official-looking "invest gation l file" he'd put together .lake Henson'sbadge, Griffith urged. Shepad suspended Henson with pay and contacted the elite Texas Rangers to lo& intothe claims. As Griffith feared the allegations were too old to had e trouped, Shepard says he 1 th cagy Sti4 { told Henson he plamed to launch his own ternal-all'airsinvesigationintotheallega- l,1ve: Henson, sir?ath '`'aYs, resigwed on a break-in at her home when he' showed up out of uniform, masturbated ma her coucb and then raped her. Both women took, and passed, polygraph tests. With the list of Hensons aa-users g7o's" ing, Sheriff wcvndfess demanded Hen- son's resignation, and the local district ax- tomey, Chuck Bailey, relucrantly stepped in. It would be a tough case to prosecute. 'rers Getilith had muddd the w fitialtyrilnves- he was a smal - _ _ "..yenor officer. And "it didn't help that Griffith was investigating allega- tions made by his own wife," says Bailey. But what Bailey did convinced the wom- en that they'd never get justice: in January 2000 he asked another 'lows Ranger, Steven Boyd, a social acquaintance of Henson and his wite'.s, to begin an official inquiry. Boyds investigation was cursory. When the women asked him to allow their lawyer, Mark Perlmutter, to wait outside the room while they were interviewed, Boyd became irked and refused to meet with them at all. He did interview a junior police officer, Sue Presley, who had worked with Henson. Afraid for her job, she said, she politely told Boyd she knew of no wrongdoing on Henson's part; then she contacted Perlmutter and told him Henson had assaulted her as well. On a cold February afternoon the prose- cutor and the women clashed in front of 12 grand jurors. Although Bailey refused to comment later on the proceeding, a tran- script reflects suspicion and distruston both sides. Terri Griffith, Allen and the two women from Greenville, whose accounts might have suggested a pattern of miscon- duct, were never asked to testify: Diggs's testimony was uneven. When Presley took the stand, Bailey questioned her harshly. "'l'ast's exacdy why women never come forth and report anything," Presley snapped, "be- cause of what you're putting me through." When Henson took the stand, he acknowl- edged having sex with Diggs, Morse and Presley, but said he had quit drinking and had asked God's forgiveness. In the end the juryvoted not to charge Henson with actinic. The women were devastated Their spirits flagging, Griffith and the other women pressed a civil suit against Henson. Their lawyer, Perlmutter, claimed that Henson had violated his clients' civil rights. Henson's lawyer said their case would never stand up in court. "Let's face it, cops have groupies, women who just like to have sex with men in authority," said Bass recent- ly. But the showdown Henson's lawyers claimed they wanted never took place, in January, months before the case could come to trial, Henson's side agreed to pay the women $3$0,000. Before they would agree to settle, though, the women insisted that Henson's grand jury testimony be made public in hopes that he will never wear a badge again. They also set aside $10,000 to pay for Henson's psychiatric true, should he decide to seek it After it was signed, the five women wept But Tom Griffith was stony- faced. "I was overwhelmingly disappointed in the system I had dedicated my life and heartto," he said. Aside from me, no one re- ally tried to get this cop offthe street" Henson is now working as a landscaper, says Bass. He's still licensed to work as a peace officer, though, and nothing about the settlement, Bass points out, would prevent him from becoming a cop in 'texas again. "Henson told me that he's giving up law en- forcement He said he's through," says Bass. "We'll see about that" ¦ •. . . . . ? •.- N Y 'v..u. . .. Find Safe Hurr Whyvic speaEn M PEG TYI DEON SAYS SHE Thad decided "ever thoe talk publicly ordeal. had humiliated muck sham tier girlfriend newsPaPcraccountd'a woman who officer had abused her in nearly the same "' t in my heart ithadtobethe same gu`t' Wile else, I had done couldn't WP silent. nlal?5 VVhY v Eomplaif ger snot after an Tmrls, 17, vuhliclli Claimed SuftMk trolouicerh d highwaY'Pa tern, Skolnick says, she is like- ly to make an official com- plaint. And for an officer, says Skolnick, sexual misconduct is often a serial crime. Defense lawyers have an- other theory. The majority of the so-called victims, they ar- gue, are from lower socioeco- nomic backgrounds and are motivated simply by money. And, in fact, most of the women who claimed they were abused by Wright have filed a civil lawsuit, each ask- ing for $15 million in dam- ages from the county. peon, who is 34 and works as a waitress, scoffs at the idea that she went public for the money. She says after Wright handcuffed her, drove her to a warehouse area and demand- ed she expose her breasts, she never felt safe again. Wright has denied all allegations agamsthim. Recently federal investigates hsee taken Over the criminal probe into his conduct, and since federal I 1 chargcam es are easier to ties 1 anti Stiffer than. state charges, Deon other ` and the of hopes that she. et lus- "Omen. may finally , she Andthyssmore i n I ice. thannuon-Y can buy- at- saV rItNE lA. 200, NE'?'Sw'E6K U Think the Ashcroft battle was ugly? The war over our next Supreme Court justice could start soon By VIVECA NOVAK WASHINGTON SOON AFTER THE JOHN ASHCROFT confirmation battle, a Democratic elder statesman sidled up to George W. Bush at a White House gathering. "You know, Mr. Presi- dent," he said. "you can handle the Rus- sians. You can handle the Iraqis. The one thing you can't handle is one of those Supreme Court justices quitting on you." "I hadn't thought of it that way." Bush replied. "But you may be right." The test could come this summer. Most Supreme Court scholars think two members-Chief justice William H. Rehn- quist, 76, and Sandra Day O'Connor, who is nearly 71 and was the first woman on the court-want to pack up their robes and go. With a Republican in the White House (put there by the justices, their critics com- plain), either could sign off knowing a re- placement would bear passing ideological resemblance to him- or herself. Last month a rumor shot through the legal community that O'Connor would an- nounce her retirement within a few weeks; that came on top of her widely reported dis- may, at an election-night party, over news that Florida had gone for Core. It was "terrible," she said her husband explained that she wants to retire but not with a Democrat choosing her successor. She s ex- pressed the same de- sire to friends. Another report , even more re- cent, had Rehnquist pledging to take a chair at the University of Ari- zona law school next fall. The guessing game comes in the wake of the WILD CARDS O'Connor a Robugtdst Could stop down as eery m this wmmar court's bitter 5-to-4 decision shutting down m the Florida recount and handing the elec- tion to Bush-a ruling that left the court wounded and at war with itself. O'Connor, who voted with the majority, is said to have been especially troubled by the public anger directed at the court. When a friend praised the court's ending the election saga, she replied, "Yes, but at a price." Which leads to Part 2 of the game: Who would be tapped to take their places? The answer will determine whether the confirmation process is a mere brawl or a full - scale conflagration. The clash over Attorney General Ashcroft, with 42 Senate Democrats voting no, was cast by both sides as a warm- up for the war over the next high court opening, a slot with lifetime tenure. The Senate's 50-50 split adds still more flammabili- 54 OFF THE BENCH.? ty. Bush continues to say he most admires ultraconservative justices like Antonin Scalia and Clarence Thomas, but will his resolve melt when he has to face the fire? "Both sides are set for a pitched battle, and it could be a replay of my experience," says Robert Bork a conservative whose 1987 nomination to the court went down in an ugly partisan clash. Bush might get away with naming an unbending conserv- ative to Rehnquist's slot. But one of the toughest tasks of Bush's presidency could be replacing O'Connor-a swing vote on a court that often rules 5 to 4 and the crucial fifth vote upholding Roe o, Wade, since pro-choice groups no longer count on An- thony Kennedy. "Any effort by Bush to ap- point a far right-wing justice to replace a- Connor could make the Ashcroft battle look like a walk in the park," says Elliott Minceburg, legal director of People for the American Way, which is already doing op- position research on possible nominees. The right voices an equally loud warn- ing: "No more Soutersl"-a reference to Bush's father's nomination of David Sauter, who often votes with the more lib- eral justices. "He was an abysmal mis- take," says Tom Jipping, head of the Free Congress Foundation's legal arm. Conser- vative columnist Robert Novak wrote crit- ically of Sauter just last week, sending an unmistakable signal to the White House. Groups on both sides of the issue will want to know-as explicitly as possible- where any nominee stands on abortion. How to straddle these warring de- mands? One way may be to change the subject by naming the first Hispanic to the court. The names most often cited: new White House counsel Alberto Gonzales, who logged two years on the Texas Supreme Court and has a thin paper trail; and Emilio Garza, a federal appellate judge in Texas who is further to the right-and volubly opposes Roe. Republicans hope that a Hispanic pick would tie Democrats in knots, although for some Senators, an- tiabortion views would outweigh diversity. Naming a woman in O'Connor's place would be a similar tactic. Edith Jones, an- other quite conservative federal judge in Texas, has been on the mo.r. list for years. A less well-known option: Janice Brown, a California Supreme Court judge who is African. American. Many court watchers believe Bush doesn't really want to tip the court further against Roe. Such a move, says Clint Bolick of the conservative Institute for justice, "is simply too far from the prevailing public consensus." That would argue for a stealth candidate with a thin record-but could also enrage part of the Republican base and those who don't want uncertainty. Rehnquises departure would open a broader field of true-blue conservatives. Michael Luttig and J. Harvie Wilkinson III, colleagues on the Fourth Circuit Court of Appeals, know theyre in the running and have jousted competitively in recent opin- ions. Senate judiciary Committee Chair- man Orrin Hatch is said towant the job, and nominating him or another "member of the club" would confound possible foes. But Hatch's age, almost 67, works against him. Replacing Rehnquist has its own hazards: Bush must decide whether to give the chiefs gavel to the new appointee or elevate a current Justice-triggering another hear- ing. All the moving parts are at least as hard to juggle if liberals John Paul Stevens or Ruth Bader Ginsburg, for age or health rea- sons, step down Conservatives hope vacancies OCKW before 2002, when Democrats could win back the Senate. For the record, friends say O'Connor's health is good, despite hand tremors. She made a hole-in-one while golfing on the weekend after the election decision. She's also hiring clerks for the next two terms. Still, family in Arizona and a house she and her husband built there beckon. As for Rehnquist, a widower, the dean of the Uni- versity of Arizona law school denies that he's about to come on board. But people who know him thinkhe's restless enough to leave the court if, they say, for example, he becomes romantically involved. That's more than enough fodder to keep the gossip mills churning. And plenty too to keep the White House judge pickers up at night. -M7th npwom by Am Mwha gad Eh*m ShwarealWW-k " - CALMS ORNrA'ENERGY CIRCUS Ifwe conclude that the mess is all the result ofan evil corporate cabal, we'll be deluding ourselves By ROBERT J. SAMUELSON 'rT ET US NOW CONSIDER C&LIFORNINS ELECTRICITY mess, which is increasingly a political and public- relations phenomenon. California Gov. Gray Davis is doggedly trying to shift blame to President Crcorge W. Bush, Republicans and greedy electricity producers. Its hand not'to admire the audacity of Davis's campaign, though not its candor or courage. If he succeeds, we will all be the losers, be- cause we will draw the wrong lessons from California's plight. Although details are complex, the root cause of California's elec- tricityproblem is simple: demand outran supply. A boomingecon- omy coupled with little power-plant construction led to a scarcity ofgenerating capacity, which was compounded by low levels of water to produce hydroelectric power. Wholesale electricity prices rose dramatically, in part because prices for natural gas-the fuel used in many ofCadfora splants-were rising dramatically. Lit- de of this was Davis's fault, but he made a bad situation worse. He'a tried to defy the lawofsupplyand demand. The 1996 "dereg- ulation"ofCaliforti selectricityindustryforcedthemajorutilities to sell many oftheirgenelatingplaatsand buypoweron the whole. sale market, mainly-though notexelusively-framcompanies that had purchased their old plants. Meanwhile, retail electricity rates were frozen. The idea was that competition amongpoaerproduc- ers would keep wholesale prices low. When this assumption proved mistaken, Davis resolutely opposed raising retail electricity rates. The consequences were predictable and disastrous. First, thestate s two largest utilities, Pacific Gas &Electric and Southern California Edison, became insolvent No business can survive indefinitelyifies forced to buyits product at $l and resell it at 75 cents. PG&E has declared bankruptcy. Edison also has billions ofdollarsofunpaid debt andremains outofbanlwptcyouyat the forbearance ofits creditors. Second, the state had to start buying electricity forthe utilities to keep the lights from going out. Early this year the Department ofWater Resources (which maintains the aqueducts that move water from northern to southern California) became the buyer oflast resort Through late May it had paid almost $5 billion for electricity. Someday the state hopes to leave thepower- buyingbusiness. Until then the legislature has authorized the DWR to issue $13.4 billion in bonds to repay the state's general fund and financefuture power purchases. The point ofmisingretail rates is notonlyto cover wholesale power costs but also to dampen demand-to promote "conserva- tion."People become more energy-conscious. The logic has not impressed Davis, whose rhetoric is self4ridulgentand deceptive. Self-indulgent? Heres what he said on a"Frontline"documentary: "Everybody wants me to raise rates and sock it to the ratepayers- everybody." Well, not everybody. In a Field Poll ofCal i fomians, 59 percent described the shortage "as an attempt by energy companies to increase rateeDavis Davis's policy mirrors popular prejudice. Deceptive? In The Washington Post, Davis wrote that high wholesale electricity rates were crippling the state's economy and "could quickly threaten our national econo- my."This isa stretch. ByDavis'sestimate, the state's wholesale electricitycosta could hit $50 billion in 2001, up from $27 billion last year. That's a big increase, but Califor- niaisenormouslyweal hy.In1999itsin- come( gross sure productj was $1.229 trillion. The increase in electricity costs would beless them 2 percent ofincome. By itself that wouldn't tip the state into reces- because consumers were i nsulated from cost increases; ,y assume that companies in "competitive"markets must last unit ofoutput, ignoringoriginal investment costs. In reality, most companies enter a market only if they think they can recover their hill casts.) ManyCalifomiapowerproducers have recently made huge profits. But underdetegulationthey need to make big profits in periods ofacarce supply to offsetlow profits or losses the future. Perhaps this volatility argues against deregulation. but t rmy aetatcoty is (Autornia addressing this bedrock problem. In late March the statetlecided to raise retail rates. exempting53 per- centofresidentia) customers. ("I reluctantly, after months ofhoid- ingout, had a partial rate increase,"says Davis.) Theezemptionis too large and unwisely, concentrates too much ofthe increase on businesses. Still, the announcementofhigherrates andcalls for conservation are havingan effect. In May electricity use was down u percent from forecasts. Meanwhile, the state has approved new plans, and it hopes to raise capacity about to percent this summer. How all this affects blackouts and wholesale prices depends partly on the weather and hydro power. One good omen: whole- sale prices have recently subsided. The real lesson is that the price mechanism is an essential way of restraining demand and encouraging supply. As Davis's behavior demonstrates, it's sometimes unpleasant and unpopular. But he and we condemn it and discard it at our peril. California's problemdoesn'tstem mainly from corporatec g. Thestudies have twoproblems: (I) theyignore the feat hours in office threatened to suck up all the media attention, as Clinton announced his own plea bargain to head off prosecution or permanent disbarment for testifying falsely under oath in the Monica Lewinsky affair, then pardoned some of his old cronies from Whitewater days. George W Bush wants the White House to recover some of its dignity, to rise above baby-hoomer self-in- dulgence and aspire to the order and self-discipline prized by the Greatest Generation. That may indeed be like tnng to tame the whirlwind. Forces that began long before Bill Clinton got into office-media ambush- es,. heavily financed phony "grass roots" lobbying battles, the in- eccsant clattering of the scandal machinery-have made Washing- ton a rough town in which to seek "civility." The st orm will no doubt rage on, no matter what Bush does. Rut on Saturday. as he spoke sparely but proudly in the cold drirzle, the new president, who so narrowly won the office, took an important step toward es- tablishing himself, toward calming fears about his gravitas, toward offering at least the hope ofsteady leadership. ¦ The Steel Behind the Laura's the `Un-Hillary,' but will be a force BY MARTHA BRAir"r H 4VF A SEAT!" i..4L`RA. Bush said to her best librarian's voice when the standing ovation lingered last Friday. Normally a pre-fnangural event honors the new first lady, but the bookish 54-,year-old, whose Secret Service elide name in thecampaign was "Teacher," had decided to deflect the at- tention to American authors. She didri t even want to sit on- stage with them. Introducing suspense water Mary Higgins Clark, Bush explained that the author's characters are "plunged into menacingsitu- adons"Smiling at the audi- ence, she said, "1 can identify with that" Hours earlier Mrs. Bush had plunged into one ofpoli- tics' more menacing issues: abortion- On the "Today" show, she explained her posi- tion on Roe V. VQ& publicly for the first time. "I don't think it should he over- turned," Bush told Katie Couric. Mrs. Bush's aides in- sist that Camric "pressed" the new First Lady into answer- ing. They say- that there was no ulterior motive for dis- cussing her views now, though she hadn't done so before. But the timing looked staged, coming amid the as- sault on abortion foe John Ashcroft, her husband's pick forattorneygeneral. The conciliatory comment "was to reassure women," a Bush- family friend said. Which is the real faura Bush: reluc- tant public figure or savvy media player? She paints herself as the Un-Hillary; "I91 never run for Senate," she's said. And she offered a studv in contrasts last month when she showed tip in a dowdy, purple plaid skirt-suit for tea with Mrs. Clinton, who wore a chic black pantsuit. The fashion police called Bush "more Mamie Eisenhower than modern woman:' And ahes already changing the tone in what's been known as Hillarvland for eight years. At the White House, where real estate is power, Laura Bush has sur- rendered some ofClinton`s turf--the ex-First lady's West Wing office. But for all the outward trappings of tradition, Bush won't iust he curled up in the Fast Wing reading her beloved Dostoevsky. "191 get involved in education policy," she told Couric, In Texas, Laura pushed for. eadv-learoing programs. During the campaign, she often read George W"s speeches for tone and wording. It was her idea for him to sitcom'OWE! AND S Laura In red Inaugural be sale's demur formld" vent the press corps and go (-? on "Oprah.' She vetted the daily clips, getting heated over snarky portrayals of her husband, who imposed a vir- tual "blackout" on the fami- ly's media consumption. "Can you believe this?" she'd ex- claim, pointing out perceived slights to him. He *d tease her: "Bushie, you've penetrated the news blackout!" She handles barbs about herself with more charac- 'tteristic calm. When 5r vie ?columnists began writ- sing about her sensible but staid "low vamp" pumps last month, she -- marveled at attacks on her shoe, Friends joke that Bush is so organized that even her closet is done ac- cording to the Dewey iDecimal System. She sticks notes on each official outfit `about when and _ where she wrote it. But Laura Bush is not uptight. Her fs- vorite clothing: blue -' jeans. She'll keep her ,.' husband grounded. "She keeps me humble; ' h joked recently. At the ' authors'tribute last week, she thanked her husband for his "very brief" intro- on the influence of oks. "The power of a tok," she explained, is pmost often "quiet." As lkp,w used to tell her I kids, you ;iadne it EXHIBIT i (le) (clock) AGREEMENTS SERVICE 1, Cory A. Cormany, do hereby solemnly swear that I served the Petition titled Plaintiff; Cory Cormany Vs. Defendant; Tina Adams, Case No. 04-70 In The Commonwealth Court Of Pennsylvania Common Pleas Of Cumberland County by depositing in the mail at Carlisle and by person a copy of same addressed to Tina Adams, 145 Kerrs Road, Newville, Pennsylvania 17241. Dated 1 f C-2 IQCX? 00 r.L Resident Dated ? i aauv?.o?a?,wor?vww?c 1 C1 ftW^*WM"WC"ft Dated I ?U `1 gy? Cory A. Cormany I.M. r,j ? WWILIC Pe Im" A ram It 40.37 c.u.e t2.3G Nali 14k SU. tiG rCtybf?YM ?.r9 rl uwpftbPt?w 44.4' U1f12i2UGti .1 1 Sw, ro 0 ? AYtwl. Apl.'Are, a Gq Ifu. ?p N0 wvi•c. Z Ar . PA 1-7 J Custody Rules 1/10/04 5:25 PM 1 7. yr r 'j? 1?r ri nr? f Y How hft, Can Wir) Cusdy ?v yGyy, C, ?e d„ t.n r IY if CSI 1. Be abe* certain }hat you wan( to be the Custodial parent. 2. Be s11111110" oettain Stour children want to IIVe wlt't.? you 3. Be aviilltit* co tain*ou are at the very least a 'nurtunng parent 4. Do nod yotLSelf unless you tWVe no economEc aaernative eho cc honest laver, 4iterview two or three experienced lawyers Men must consider caPeiu. 6: When committing to the custody case be certain that you commit to underwriting the capital for the u emotional aggravation; and can relate to a judicial system that is often insensitive, and procrastinatinc 7. With your attorney, develop a game plan that will be the theory of your custody case. 8. B. Decide if your state permits you to select which court to initiate your custody case. The venue you 9. Be certain that you are emotionally prepared for damaging testimony about your intimate personal life extended family; especially if false. 10. Be able to reveal the most lurid intimacies of the mother of your children, especially drugs, alcohol, se smoking, child abuse; and false accusations or arrests of your conduct to the authorities; kidnapping , interference with your potential rights. 11. Keep a custody diary' documents, records and witness address lists to support your game plan for cu 12. Where your child's mother initiates false accusations that results in police and/or civil/criminal penalties certain that you institute where possible a civil suit apart from the custody proceeding for any domesti abuse of process, or filing a false claim that results in damage. 13. Develop a parenting plan that spells out who will care for your children while you are away from home 14. Produce the extended family and friends that will assist your parenting. 15. Request court appointed forensic expert, and obtain court permission to hire your own experts for psy psychological evaluations. 16. Request home inspections. 17. Do not compromise/settle your custody proceeding before knowing the full nature of the legal terms it documents. 18. Do not call your child as a witness. Rather request the court to interview the "child in camera" and on 19. Before taping conversations, discuss eavesdropping laws with your lawyer. 20. Where helpful, asK for a Law Guardian to represent your child. http://www.tnom.com/htmi/custody_rules.htm Page 1 of 2 .. '• I l•1 ni l??t: V vi. ,j:.IV Du Escape Now. tyr Lo( Return to the USA Lacy Offjcros. The Determination of Child Custody in the USA Sl ,?oa..n B. K?ily? iPh,•D"". ? Contents ?- a Introduction ?Custody. Dedsion Malki.n9 in-Flistorical_Context 4bType and Incidence Of Custody Arrangements 'HowAre Custody Arrangements Decided? ?s private agreements e Mediation " Adversarial processes SI fluences on .DeE:ision-MAkin(J •Factors.._Considereci in_Ci}stod.y Del;Prrr€?r?at+arES. The "Best Interests" Standard The ",primary_ c:aret;akPr'.._pref?rence Th.e. child's. wishes *The Emergence of Access as a Primary Factor to be Determined aSpecificity and_t-iodifiaakrriity of_Custody a0d.Access Orders. ?Policy Recornmendat Qns in Custody_Determinaborls w" Parent. ...hducatlon P-rograrr)s Z Mandatory Mediation http://wwlia.org/us-cus.htm Page 1 of 5 Child Custody in the USA (Page 1 of 5) 1/10/04 5:01 PM Child Custody in the USA (Page 1 of S) Qz- Mediation of Financial Disputes Arbitration 83udicial Education. _......... .._._........ .................._..__.... *Conclusions Introduction The determination of which parent should have custody of the children in a divorce l: increasingly problematic in the past several decades. As clear legal rules have been well-defined standards for making such decisions, and as societal norms have de-en differences in the workplace and within the family, uncertainty about the appropriate the child's life after divorce has increased. Without clear legal rules, the consideratio been forced to the forefront in the decision-making process, and the determination c divorce has become an unpredictable and highly charged emotional issue for parents This article reviews the history of child custody decision-making, and describes curre+ arrangements in the United States. The manner in which parents and courts make d and access, and changes in visiting patterns in recent decades are examined. The im law, and the implementation of newer dispute resolution and educational interventic recommendations for policy and practice suggested. Custody Decision Making in Historical Context In Roman, and later in English common law, children were viewed as the property of legal obligation to protect, support and educate his children. Fathers had the right as children, and to enter them into enforced labor. In divorce, until the mid-nineteenth near absolute right to custody, regardless of circumstances. Several major historical weaken this paternal presumption in the late 1800's, including society's increasing fc welfare, and the effects of the industrial revolution. As fathers increasingly sought w village, mothers remained at home as primary caretakers. The resultant division of fa wage earner and child nurturer influenced subsequent custody decisions. The paterr gradually replaced by a maternal preference, based on the "tender years" presumpti doctrine (intended to apply to children under age 6) was originally invoked to detern arrangements in English law, giving mothers custody of infants only until they were the father. But by the 1920's, the maternal preference for custody in English and Am the child's age, became as firmly fixed as the earlier paternal preference, and was er 48 states. The assumption that mothers were better suited to nurture and raise chill intellectual underpinning in the 1930's from Freudian psychoanalytic theory, which fo mother-child relationship, and ignored the role of the father in the child's developmei idealization of motherhood was often reflected in custody decision-making, as in this opinion: "There is but a twilight zone between a mother's love and the atmosphere The maternal presumption for custody remained firm for many decades in the United after the divorce rate began its dramatic rise in the 1960's. Spurred on by fathers' cli discrimination in custody decisions, constitutional concerns for equal protection, the f the entry of large numbers of women into the workforce, most states had substitute "best interests of the child" for the tender years presumption by the mid 1970's. For custody decision-making was to be rooted in a consideration of the child's needs ant httn//wwlia.ora/us-cus.htm Page 2 of 5 Child Custody in the USA (Page 1 of 5) _tyased simply on the gender of the parent. 1/10/04 5:01 PM This historic shift to the best interest standard prepared the path for the next trend, after divorce. Rather than awarding sole custody to one parent and limited visiting ri custody was intended to preserve the parental role and status of both parents after continued parental involvement after divorce. The concept of joint custody emerged ( groundswell of voices of fathers in the early 1970's who objected to being disenfran( parental roles and rights, simply because divorce had occurred. The growing interest enhanced by several parallel developments. After focusing almost exclusively on mot decades, the child development field began, in the early 1970's, to study the father' development of the child. Second, gender roles within families began to shift, as larg participated more fully in child-rearing responsibilities, particularly in dual-career fami At divorce, many such fathers insisted on a greater role in their children's lives after divorce engaged the attention of the nation, numerous research and clinical studies of loss and alienation experienced by fathers and children in traditional custody arra These converging trends, amplified by the fact that more than one million children w( each year, resulted in pressure to pass new laws permitting joint custody as a viable custodial status. In 1979, the first joint custody statute was enacted in California, fo Oregon. By 1991, more than 40 states had shared parenting statutes in which joint option or preference, and most other states had recognized the concept of joint cust effect of such legislation has been to create gradual change in the attitudes of parer health professionals, and judges regarding parental involvement after divorce. Amon gender differences found in satisfaction with joint custody in the early 80's, appear to mothers indicate more acceptance of shared residential arrangements a decade late however, regarding the appropriateness of joint custody for some parents, and whet or positive effect on the economic and psychological well-being of children. Type and Incidence of Custody Arrangements Nearly all states have distinguished in their legislation, either explicitly or implicitly, t physical custody. Legal custody refers to the parental right to make major decisions health, education, and welfare. Physical custody refers to the living arrangements of day basis. There are two basic custody arrangements in the United States, sole cust( and joint custody. Sole custody assigns to one parent all legal rights, duties, and po including the right to make all decisions. In sole custody, the child resides with the c noncustodial parent is given the right to visit the child. The limited rights and privilec parent have been expanded in most states over the past decade to provide equal le child-related information of an educational and medical nature, and to make medical emergencies when the child is in the noncustodial parent's care. In joint custody arrangements, each parent retains certain rights and responsibilities post-divorce parenting of the children. Considerable variation exists between states i custody, and under what circumstances it will be permitted and denied. With joint lei parents retain power to make decisions about their children, although in many state! decisions to be jointly made must be specified in order to preserve the authority. Joii statutes are intended to indicate that the child lives with both parents on some shat assuming day to day parental responsibilities. http://wwlia.org/us-cus.htm Page 3 of 5 Child Custody in the USA (Page 1 of 5) 1/10/04 5:01 PM Joint physical custody statutes do not define how much time the child resides with e interpreted as dictating a 50/50 residential time sharing. Thus, parents may elect joss the child may spend anywhere from 25% to 50% of his time with one of his parents, the other. The intent, for many fathers seeking joint physical custody language, is to "visitor" in the child's life, and to have the child "live" in that parent's home more tha visitation time. The legal trend over the past decade has been to favor shared parental legal author residential custody. While in most states, parents can agree to both or just one of tt arrangements, the most common arrangement remains that of joint legal custody an physical custody to one of the parents, most often the mother. In very unusual circus of extreme conflict over educational, medical, or religious values, parents may have j but one parent is assigned sole legal custody. Other legal custody arrangements that can be ordered at divorce include split custod children live with one parent while the remaining live with the other parent, and divi referred to as alternating custody. This form of custody allows each parent to have tl blocks of time, often every year or two years, with reciprocal visiting rights. Such leg much less common. Judges are reluctant to order split custody, in particular, because siblings should not be separated, but research indicates that such arrangements ev( parents in the years after divorce, particularly with older children. Despite changes in the law and social custom, custody arrangements remained remz past three decades. National estimates in the 1970's and 80's indicated that women children approximately 85% of the time, and men retained sole custody 10% of the t 5% spread over a variety of custody arrangements, including grandparent, split or jc data sets indicate that father custody figures may be closer to 15%. All these data are based on census and survey data, rather than court records, and living arrangements. In states permitting or encouraging joint legal and physical custody arrangements, it what percentage of parents have joint legal or physical custody, as this data must b individual divorce decrees. There is evidence that the incidence of joint legal custody rises dramatically when sti arrangement. By the late 1980's, joint legal custody had become normative in Califor to 90% of decrees. The incidence of joint physical custody in divorce decrees also in4 legislation is passed, but at a lesser rate. In three California studies that obtained d custody from final decrees, joint physical custody language appeared in 20%, 37%, i respectively. Variations can be attributed to the educational level of the sample, the local judicial practice or preference. In other states utilizing different statutory criterii custody, or where the social and judicial climate is less accepting of shared parenting orders with joint physical custody language may be quite low. Regardless of setting, language in the court order is independent of actual residential arrangements. Because joint physical custody is often not in reality a strict 50/50 time sharing, the i shared parenting arrangements is difficult to determine. Most researchers have defin custody (or dual residence) as between 30 and 50 percent of time spent with one of framework, between 17 and 34 percent of families shared some form of physical cust a jurisdiction (California) encouraging joint custody. htto://wwlia.ora/us-cus.htm Pane 4 of 5 Child Custody in the USA (Page 1 of 5) 1/10/04 5:01 PM However, since these are not random sampling studies, the actual rates may be low California may not be reflective of other more judicially conservative states. Regardless of location, there is a higher incidence of shared residence among more Extrapolations from several studies of visitation in other states indicate that from 12 be visiting their fathers frequently enough to be considered in shared residence arra maternal custody studies of visitation, which have shown a drop off in visit frequency appears to be less change in contact in shared residential families in the first severa particularly when the arrangement is close to 50/50. (Continued.... ) *This completes page 1 of 5 of The Determination of Child USA. The article continues on pa.g.e_,2 or you may skip to pc-; For more information, we recommend How to Handle Your Child Custody Casa : A Gu Psychologists, and.... Attorneys . which you can order from our book store by ciickir g ,he 40'141e I.JSA i..aw (Offices G'The USA Legal..Information Cente-r © Dr. Joan Kelly. The information provided in this and all WWLIA documents does no If and when you face a specific legal situation, you should conduct independent inqu' professionals to determine what your legal rights may be. 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New.Media. www.legal-design com http://wwlia.orq/us-cus.htm Page 5 of 5 01.28.99 - Modern custody disputes favor father's rights over child.. 1/10/04 5:18 NM NEWS RELEASE, 1/28199 Modern custody disputes favor father's rights over child's welfare, according to UC Berkeley study By Patricia McBroom, Public Affairs Berkeley --The modem drive to expand fathers' rights in custody cases has resulted in a significant decline in decisions made in the best interest of the child, according to new research by a University of California, Berkeley, professor of family law. States now give higher priority to blood ties than to parenting and children can be ordered to live with biological fathers they have never known, said Mary Ann Mason, a lawyer and professor of family law at the UC Berkeley's School of Social Welfare. "An unwed father who has never seen his child will be given custody in most states in preference to unrelated individuals whohave done the actual parenting," said Mason. "Unwed fathers now have the same rights as married fathers - a major historical change of the past two decades." http,//www.berkeley.edu/news/media/releases/99legacy/ 1-28-1999a.htrW She added that such disregard for children's needs also occurs in divorce cases where courts "have rushed to'dividethechild ,' by insisting on joint custody and ignoring what we know about earlychild development. " Children are not being represented in court or given a voice of any kind, Mason says in a wide-ranging analysis of custody law published this month (February) as a book, In "The Custody Wars: Why Children Are Losing the Legal Battle and What We Can Do About. It" ( Basic Books, N Y) Masan evaluates the contemporary and historical status of custody decisions, demonstrating that modern-day courts have regressed in their concern for childwelfare. This has happened, in part, because states - now wanting to encourage unwed fathers to pay more child support - offer unprecedented rights to them as parents based purely on biology, not actual parenting, said Mason. In another arena, she added, parental rights have been expanded via joint custody decisions - unwise in the case of very young children who need stability in theirlives. "Young children's best interests are largely ignored in joint custody decisions," said Mason. "It very could de elopmentall)app opriate 'they would not choose to divide their lives in half. It is just not Courts have known this about small children, ages six and under, since the turn of the century when the "tender years doctrine" became law. Today, nearly 100 years later, the doctrine - whi eh favors a primary parent - is being ignored in a"politically correct" move to jaintcustody, Page i of 3 01.28.99 - Modern custody disputes favor father's rights over child... 1/10/04 5:18 PM But it is in the case of new rights for unwed fathers that Mason finds the most egregious examples of a legal system that disregards the welfare of the child. Until a Supreme Court decision in 1971, unwed fathers had no rights to child custody based on the genetic relationship. Now, most states have given unwed fathers all the rights of a married father. "In the case of unwed fathers," said Mason, "states have abandoned the child-centered 'best interests' test. Today, it must be shown only that it would be harmful to the child to live with the biological parent, not merely in that child's best interest." She said this means that a young child can be taken from an adoptive parent with whom he or she has a strong attachment, as in the celebrated case of Baby Jessica, because the biological rights of the father have become paramount. In Michigan, four-year-old Baby Jessica was raised by adoptive parents only to be given in a custody dispute to her biological father. The father was not married to Jessica's biological mother and the child had never seen him. "If our first concern was truly the best interests of children, we would look at unwed fathers in a different light," said Mason. "We would look, first of all, to whom is performing the actual parenting." I n a current California case, an unwed father was allowed to make a paternity claim for a child being raised by his former girlfriend and her husband. In the past, such a claim would not have been tolerated by courts because their primary intent was to preserve family stability. This time-honored tradition, in which the married father was always the legal father, also protected the child. But no more, said Mason. By allowing this paternity claim, the California court "paid little attention to the rights of Brian, now age four, or evento his needs. His best interests were not considered at all," she said. If paternity tests bear him out, said Mason, the unwed father may, sue for custody and sink that family intodispute, with serious psychological risks for Brian. "Countless studies, focusing both on married and divorced families, indicate that conflict produces serious negative results in children who need the stability of a primary parent," she said. "We should not be making the rights of parents, whether the mother or the father, paramount in custody cases." Mason argues strongly that children need advocates in court and that most custody disputes should be settled on the basis of the needs and wishes of the child involved, with changes depending on age. Until they are adolescents, children should be represented not only by attorneys, but by child advocates, Mason recommends. Currently, psychological evaluations in custody cases test only the personality fitness of the parents, through tests that detect psychotic tendencies. They give little weight to who is doing the parenting, and the evaluatorsrarely listen to what the children want. As a result, it is common for children to be forced to divide their lives or spend time with parents they don't want to see, said Mason. "This is not a child-centered policy. The equal rights of the parents, not the best interests of the httn: //www.berkelev. edu/news/media/releases/99lecacv/1-28-1999a_html Pane 2 of 01.28.99 - Modern custody disputes favor father's rights over child... 1/10/04 5:18 PM I 1I,, child, are the guiding principle,"said Mason. She recommends that the United States tollow the example of English courts which haveprovided all children in custody disputes with two advocates -- a legal and a personal representative -- since passage of the Children Act of 1989. "The philosophy of the Children Act is that children are usually the least powerful party in any dispute and need the greatest protection," said Mason, pointing out that children get far better representation in U.S. criminal courts than in familycourts. Mason believes the wishes of mature children over the age of 13 should prevail in a custody dispute, unless they are at risk of being harmed by their choices. In addition, she calls for regular reviews of custody arrangements to adapt to the changing needs of children as they grow. And, she urgently endorses a return to the policy of favoring a primary parent, during the tender years. "The fundamental concept of attachment, introduced after World War II by John Bowlby has withstood a new generation of researchers," said Mason. "For children under six, it can be very destructive to disrupt their bond with a primary parent." "There must be a place where children are heard and their changing needs are addressed," she said, "a place where judges are educated in child development; a place where the rule of law, while flexible, truly promotes the best interests of the child rather than catering to gender politics." Added Mason, "Children are not property to be exchanged." This server has been established by the University of California at Berkeley Public Information Office. Copyright for all items on this server held by The Regents of the University of California. Thanks for your interest in UC Berkelev. More Press Releases I More Campus News and Events I UC Berkeley Home Page Serut comments to: commnents•CWm .urel,,berkeley.edu htto://www.berkelev.edu/news/media/releases/99leaacv/ 1-28-1999a.html Page 3 of 3 CERTIFICATION OF SFRVICE AND NOW, this //zl? day of n.. D tA'? 2004, I, Cory A. Cormany foregoing the `aforesaid matter knowledgeable a legal pretext, and the Commonwealth of Pennsylvania, hereby certify that I have served a copy of same in person or by the United States Mail at Carlisle Pennsylvania, addressed as follows: Mr. Hubert X. Gilroy 4 North Hanover St. Carlisle, PA 17013 Ms. Tina D. Adams 145 Kerrs Road Newville, PA 17241 ?? ( l Esquire Not Cory A. Cormany 1883 Douglas Dr. Carlisle, PA 17013 r.? ? ?-, (? ? V ? __ ? ?? l?, v _ y` ?? t' V . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. o v- yo.sy-CLzl V TINA D. ADAMS CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP O? Court Administrator \?. Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 ? 0O.V z? o-; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. o v- vo s s' ? `771- V. CIVIL ACTION - LAW TINA D. ADAMS JURY TRIAL DEMANDED COMPLAINT AND NOW comes, Cory A. Cormany, Plaintiff; and sets forth causes of action for the above named Defendant, whereas a civil remedy follows a statement at length: 1. Mr. Cory A. Cormany is an adult individual residing in the Cumberland County Community, Pennsylvania. 2. Ms. Tina D. Adams is an adult individual residing in the Cumberland County Community, Pennsylvania. 3. Ms. Alexandria C. Cormany is an adolescent individual residing in the Cumberland County Community, Pennsylvania. 4. Defendant is Tina D. Adams, the natural biological mother of Alexandria Christine Cormany, and is employed through McDonalds Co. of Carlisle, Pennsylvania. 5. On or about December 16th, of the year 2003, Mr. Cory A. Cormany petitioned parental right pursuant The Commonwealth of Pennsylvania. (1) 6. On or about March 2nd, of the year 2004, Mr. Cory A. Cormany petitioned criminal expungement pursuant The Commonwealth of Pennsylvania. 7. On or about March 12th, of the year 2004, Mr. Cory A. Cormany filed parental complaint preparatory The Commonwealth of Pennsylvania. 8. On or about April 13th, of the year 2004, Mr. Cory A. Cormany submitted criminal report pursuant The Commonwealth of Pennsylvania. 9. Plaintiff, Cory A. Cormany thereby respectfully requests herein that the Defendant; Tina D. Adams, be hereby granted visitation right respectful the said; adolescent child, Alexandria C. Cormany. 10. Mr. Michael Sherer is the defendant's attorney prescient the order of the court, applicable The Explanatory Comment of 1989; respectfully submitted exhibits A through E. 11. Mr. Richard C. Snelbaker is the plaintiffs attorney prescient the order of the court, applicable The Explanatory Comment of 1989; respectfully submitted exhibits A through E. 12. Mr. Hubert Gilroy is the child's attorney prescient the order of the court, applicable The Explanatory Comment of 1989; respectfully submitted exhibits A through E. WHEREAS, plaintiff, Cory A. Cormany, claims from the defendant; Tina D. Adams, full parental right, considerate the adolescent child, at which time the commonwealth shall be inapposite. (2) VERIFICATION I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify and state that the facts set forth in the Complaint against Ms. Tina Adams are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unsworn verification to authorities. Dated -- U`, By ?C-14- Cory A. Cormany Witne. ''rtt - P C By ?OC?vj ?.c)rrr t ?J Notary NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 (3) EXHIBIT A (1) i 1 A MTM l2-1b-88 NO. 1542150-88 xw un..r„x? _ RM 12-21-88 xlo.. e.. .r.,t WING CUMBERLAND ro°auhto 02-09-89 pro. ON,. . SUBJECT FEMALE ALEXANOIRIA CHIISTI4E CORMAVY FATHERS NAME AGE 22 ?-URY ALISTER COKMAVY MOTmERS MAIDEN NAME AGE 23 TIVA UnKEEV LISHTNER c Tnbbl••Mllr 11t?1iMf b•g1M•eryM W'••IVC NxrxbMxb btM d•MMNMM Mr•xll, V NM•WMe••xn.M1KO.l]D!. •?Ot•Y•l to tM OMwi•1 NlxiWr. Ixn• IYl7. ?#' STAM S SAM" nxn saxw..tn.. lit ON ALEXANDRIA CARISTIVE C7RMA4Y 141 a P&AFIET ST CARLISLE PA 17013 if E> ouff /` i 97L3` EXHIBIT t (z) IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY t0. -O3 vw2 2 9 4 V. CIVIL ACTION - LAW JOHN D. ADAMS JUDGMENT DEMANDED HApq QUD, NQTICE A wmy QEC 1 'F 1003 d You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator U.S. District Court 228 Walnut Street Harrisburg, PA 17101 Ci FILED IN THE COMMONWEALTH COURT OF PENNSYLVA"Op,SgURG. PA COMMON PLEAS OF CUMBERLAND COUNTY JAN 16 2004 THE COMMONWEALTH OF PENNSYLVANIA I: riv .,nuntq, CLERg rat CORY A. CORMANY CASE NO. 04 -10 - .?r r " V. CIVIL ACTION - LAND: TINA D. ADAMS JUDGMENT DEMAN[N k vi You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administraton Cumberland County Court House 1 South Hanover Street Carlisle, PA 17013 fi•,<S? rt . is IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. JEFFREY W. RUDOLF CASE NO. CIVIL ACTION - LAW JUDGMENT DEMANDED x0 ' CY 04- 4.54 You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET-.kXGAL HELP. Court Administrator U.S. District Court 228 Walnut Street Harrisburg, PA 17101 IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY CASE NO. J 't -'I R 7 G; v: V. LYLE M. HERR CIVIL ACTION - LAW JUDGMENT DEMANDED You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administration z fir, Cumberland County Court House ' -•t_ r 1 South Hanover Street s Carlisle, PA 17013 b ca v K EXHIBIT c (3) 7W'T'?'E C0V9Z '' O'F COMMOW?pj-E OT ?AS C`uMBER.LAWD- coves?- TVE COMMOWiVEA17V Off' PE WSXC VAMA CORYA. CORMANY CASENO. G((- 16 r1-7 G, CIVIL ACTION - LAW z, ALEXANDRIA C. CORMANY JURYTRIAL DEMANDED. WbT'ICE z You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (ao) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without fitrther notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights importaut to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER. AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumderland County Bar Association ?ruin Row Carlsl, PA. 17013 EXHIBIT D (4) Cory A Cormany 1883 Douglas Dr. Carlisle, Pa. 17013 (717)243-5287 March 23rd 2004 Mr. Hubert X. Gilrouy, Esquire Brojous, Gilrouy & Houston 4 North Hanover Street Carlisle, Pa. 17013 Dear Sir, Kindly find enclosed the order of the court pursuant Mr. John Adams; Jr. As I did warn Mr. Adams; I shall be filing complaint pursuant representation and [his] response. You may expect civil matter sometime this summer, pertinent your position on the matter. I do not appreciate the nonconsensual buying and selling of children to any extent; much less to convicted narcotic offenders, whom yet indulge such activities verificative my witness even as to which the evening of January 2nd, 2004. Further; to say: my child and the nonconsensual issues verificative Ms. Tina Adams? I may believe the Common Pleas Complaint you are in possession; regarding Ms. Alexandria Christine, relevant your justifiable causes; perhaps may justify your so called ethical considerations; "if' you infact appeal the U.S. Order enclosed, and "if' infact she permits counseling pursuant The Stevens Center, also; relevant the consent form contained therein, and again your position on the matter. Further; as I intend on filing complaint pursuant your said; ethic, I intend on now also filing a Common Pleas Complaint pursuant Ms. Adams; again sometime this summer. I do not deny that Tina and I have had our communicative differences, however what puzzles me the most about the whole ordeal is; "if' f (you) [would] have testified} at the original hearin e {(Case No. 64), would Judge Oler [have] still} ruled favorable Mr. Adams? (1) Unfortunately The Local Family Law Clinic, nor The Legal Service Office will assist me with advise or adequate representation, therefore I am forced to the foregoing. Thus addressing you therein and herein. I am sorry for the inconvenience, however Probation & Parole have a saying: When you dig a hole you better be ready and able to climb out, or else you just may get buried in it. I think they mean "you dig your own grave." What do you think? Yours Truly, Cory A. Cormany P.S. Personal Note: John Adams must not be a very bright individual, not to mention the fact his I.Q. result on his junior high C.A.T. was 102, but he and his brother were smoking their alleged "Crack Pipe" right down the street from my mom and Dad's house. I am not sure what they were trying to prove, however when I flanked'em they did leave very quickly. I have not proceeded criminal affidavit regarding this incident as of yet. I am to be patient as to whether there are to be future ramifications? (2) EXHIBIT E (5) RE: District Attorney Defendant: Cumberland County Tina D. Adams Court House Square Hubert X. Gilroy Carlisle, PA 17013 I, Cory A. Cormany, being a citizen of the United States of America, do hereby state and swear that at or about the month of June of the year 1992, and through and about the month of March of the year 2004, the above named defendant[s] did commit the following crimes: 1) 902. Criminal Solicitation - a person is guilty of solicitation to commit a crime with intent of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would establish his complicity in its commission or attempted commission. 2) 2709. Harassment - a person commits a summary offense when, with intent to harass, annoy or alarm another person: (1) he strikes, shoves, kicks or otherwise subjects him to physical contact, or attempts or threatens to do the same; or (2) he follows a person in or about a public place or places; or (3) he engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose. 3) 2906. Criminal Coercion - a person is guilty of criminal coercion if, with intent unlawfully to restrict freedom of action of another to the detriment of the other, he threatens to: (1) commit any criminal offense; (2) accuse anyone of a criminal offense; (3) expose any secret tending to subject any person to hatred, contempt or ridicule; or (4) take or withhold action as an official, or cause an official to take or withhold action. 4) 3105. Prompt Complaint - a prompt reporting of public authority is not required in a prosecution under this chapter: Provided, however, that nothing in this section shall be construed to prohibit a defendant from introducing evidence of the alleged victim's failure to promptly report the crime if such evidence would be admissible pursuant to the rules of evidence. 5) 4305. Dealing in Infant Children - a person is guilty of a misdemeanor of the first degree, if he deals in humanity, by trading, bartering, buying, selling, or dealing in infant children. (1-1) 6) 4952. Intimidation of Witness or Victims - a person commits an offense if, with the intent to or with the knowledge that his conduct shall obstruct, impede, impair, prevent or interfere with the administration of criminal justice he intimidates or attempts to intimidate any witness or victim to: (1) Refrain from informing or reporting to any law enforcement officer, prosecuting official or judge concerning any information, document or thing relating to the commission of a crime. (2) Give any false or misleading information or testimony relating to the commission of any crime to any law enforcement official, prosecuting attorney or judge. (3) Withhold any testimony, information, document or thing relating to the commission of a crime from any law enforcement official, prosecuting attorney or judge. (4) Give any false or misleading information or testimony relating to the commission of any crime to an attorney representing a criminal defendant. (5) Elude, evade or ignore any request to appear or legal process summoning him to appear to testify or supply evidence. (6) Absent himself from any proceeding or investigation to which he has been legally summoned. 7) 5101. Obstructing Administration of Law or Other Governmental Function - a person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions. 8) 5108. Compounding - a person commits a misdemeanor of the second degree if he accepts or agrees to accept any pecuniary benefit in consideration of refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information relating to an offense. 9) 5508. Disrupting Meetings or Processions - a person commits a misdemeanor of the third degree if, with intent to prevent or disturb a lawful meeting, procession or gathering, he disturbs or interrupts it. (2-1) 903 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2709- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 2906- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 3105 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 4305 - 1972, Dec. 6, RL. 1482, No. 334, 1, effective June 6, 1973. 4952- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5101 - 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5108- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. 5508- 1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. I, Cory Cormany, hereby verify that the facts set forth in the above are true and correct to the best of my knowledge or information and belief and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unworn falsification to authorities. Dated / !3/0LI By G (f ?o C Q. ?_ ? Cory A. Cormany (3-1) INCIDENT REPORT Criminal Solicitation: In that Tina Adams and Hubert Gilroy did knowingly and intentionally promote and facilitate the commission of a crime requesting another to attempt the complicity encouraged a Defendant. Criminal Coercion: In that the Defendants did coerce the unlawful restricted freedom of action of another, threatening to commit a criminal offense while exposing secrets subjugated a hatred, and liable an official action. Harassment: In that the Defendants did annoy and alarm a person repeatedly threatening physical contact in and about an official intention which served no legitimate purpose. Prompt Complaint: In that the Defendants did subject indecent conduct questionable an authority, or guardian, which did fail an official report. Dealing in Infant Children: In that the Defendants did deal in a humanitarian trade by buying a custodial obligation substantial an infant child. Intimidation of Witness or Victims: In that the Defendants did pronounce an official action and official document misleading official action and the reporting to law enforcement officials the hindrance of a minor child and the unlawful uses of illegal narcotics. Obstructing Administration of Law or Other Governmental Function: In that the Defendants did interfere and pervert a physical obstacle breaching an official document affirmative an action, and liable a governmental function. Compounding: In that the Defendants did accept pecuniary benefits considerate an information, and reportorial the suspected commission of a crime. Disrupting Meetings and Processions: In that the Defendants did intentionally prevent and disturb conversations and meetings between two legally abounded individuals interruptive a custodial document. I petition that a warrant of arrest or a summons be issued and that the Defendant be required to answer the charges I have made. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. 4904), relating to unsworn falsification to authorities. 9 I J e, Y / Dated 0 igna wed Dated Signature (1-2) NOTARIALSEAL W JODY S. SMITH, NOTARY PUBLIC W t>r V\ aYIC? S U bS Lr ? ??pr e ? Carlisle Boro. Cumberland County clo ?' ?? A.Pr` - 1 70O + ? My Commission Expires April 4, 2005 Jo d.1? S. ? i? AFFIDAVIT On June 21, 1992, I, Cory A. Cormany, did proceed established visitation regarding my said minor child at said residential environment, and was denied according to the whereabouts of the said natural child. Proceeding incident, I did proceed an argumentative situation and circumstance with the said minor child's mother, the Defendant Tina Adams. On November 7, 1992, I, Cory A. Cormany, did proceed established visitation regarding my said minor child at said residential environment, and was denied according to the whereabouts of the said natural child. Proceeding such noncommunicative relations, I did proceed established visitation for my said minor child on November 20, 1992, and did again find residential vacancy. On April 1, 1994, I, Cory A. Cormany, did proceed established visitation regarding my said minor child at said residential environment, and was denied according to the whereabouts of the said natural child. Preceding such incident Defendant Tina Adams did relocate the said residential environment restricting criminal action, and did marry an adult male. Before or about the aforesaid date and time, mentioned in the aforesaid paragraph, the Defendant Tina Adams did suppress evidential indulgences later verificative my recognition, and knowledge; substantial the civil case number 1:CV-95-0844, and did interfere and deliberately cause and pervert a breach in an official governmental function. The Defendant did prevent and disrupt affirmative meetings and gatherings documented an obstacle, and necessary a maintenance; pursuant the Commonwealth of Pennsylvania. In May of the year 1993 and through and about August of the year 1994, I, Cory A. Cormany, did resume the disposition of the order of the court announcing supervised visitation through. the Children & Youth Service Centers. Proceeding such times and events, irrelated the docketed visitation establishments; my said minor child would receive enfranchised reminiscences, up and until approximately December of the year 2003. During and through these foregoing time periods my said relatives did exercise discretion in and about a consideration, obedient the order of the court. I did submit correspondence, resourceful an official procedure; developing consensual obligations preprietorial the Court of Cumberland County. Such objects did indicate a consensual agreement[s] accusive the Defendant Hubert Gilroy and a Mr. John Adams; who did infact threaten me by mail and prescient thereto my person. In the year 2004 and pursuant therein and prior thereto, I, Cory A. Cormany, was informed by a relative of illegal oppositions involved the Defendant Tina Adams, pursuant my witnessing Mr. John Adams; Present (I-3) Husband, conspiring illicit applications outside or hereto my place of residence. Ms. Tina Adams did indulge in the nonconsensual buying and selling of a minor child with the Defendant Hubert Gilroy, whom both did accept monetary sums and peculiar benefits. I did infact petition visitation to the said minor child's mother interruptive an official informative service, foregoing an employable outcome; cautious mental health issues. Such opportunity is prejudicially pursuant the case number 64 in Orphans Court Division. In March of the year 2004 and through and about a problematic legal judgment, I, Cory A. Cormany, did pursue a sheriff service knowledgeable of the present whereabouts, careful the said minor child's concerns, and indigent an extenuating object endeavored an employment or affirmative legal imposition. The Defendant Tina Adams has continually nonnegotiated and solicited situations and circumstances contemptual a deceptive relation mandatory a civil action. Ms. Tina Adams has procrastinated important issues obstructional myself in the years 1994, 1996, 1997 and 2002 beneficial a criminal outcome and suspicious an informative indecent conduct. I, Cory A. Cormany, on this t} , day of \ of the year 2004, do hereby swear as a citizen and a voter o the Commonwealth of the United States that the above facts are true and correct to the best of my knowledge and belief. Cory A. rrmany Dated Jwor v1 -Fa-lp-Tore k T?? S 13?? ??y of f rI t 2?0?1 fl? NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4. 2005, (2-3) Witness CFRTIFICATION OF SERVICE AND NOW, this day of /\..c, e. 01i, 2004, I, Cory A. Cormany foregoing the `'aforesaid matter knowledgeable a legal pretext, and the Commonwealth of Pennsylvania, hereby certify that I have served a copy of same in person or by the United States Mail at Carlisle Pennsylvania, addressed as follows: Ms. Tina D. Adams 145 Kerrs Road Newville, PA 17241 Mr. Hubert Gilroy 4 North Hanover St. Carlisle, PA 17013 ? (7- ;?,) rv, . Es?uire Noted: Cory A. Cormany 1883 Douglas Dr. Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. HUBERT GILROY et. al. CASE NO. 04-4055 CIVIL ACTION - LAW JURY TRIAL/JUDGMENT NOTICE You have been sued in Court. If you wish to respond to the objections set forth in the following pages, you must take action within ten (10) days after this Notice is served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House 1 South Hanover Street Carlisle, PA. 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. HUBERT GILROY et. at. CASE NO. 04-4055 CIVIL ACTION - LAW JURY TRIAL/JUDGMENT PRFTRIAL CONFERENCE AND NOW comes, Mr. Cory A. Cormany; whom respectfully petitions the Courts of the Common Pleas and announces the following: I. Plaintiff, Cory Cormany [is] a (previous) client of Brojous, Gilroy & Houston, now to witness the Attorney Hubert Gilroy. 2. Plaintiff; Cory Cormany [is] the former (husband) of Tina Lightner Cormany, now to witness the Defendant Tina Adams. 3. Plaintiff; Cory Cormany [is] a (previous) c ie t of O'Brien, Barrick & Sherer, now to witness the Attorney Michael Sherer. bmitte {criminal matter} 4. Plaintiff; Cory Cormany [has] su proceeding the District Attorney of Cumberland County, and the Commonwealth of Pennsylvania. (1) 5. Plaintiff; Cory Cormany [has] sub itte {civil matter} proceeding the Law Offices of Brojous, Gilroy & Houston, and O'Brien Barrick & Sherer. 6. Plaintiff; Cory Cormany [is] a (current) lient of North Western Human Services, now to witness the Commonwealth of Pennsylvania. 7. Plaintiff; Cory Cormany [is] a (previous) student of Doctor Robert Cormany, now to witness the Commonwealth of Pennsylvania. 8. Plaintiff; Cory Cormany [has] submitt ed (consensual matter) proceeding Alexandria Christine Cormany, now to witness the Commonwealth Case Number 04-1077. WHEREIN, Mr. Cory A. Cormany; notices a response pursuant a procedure for the above captioned title and for the purpose of a Preliminary Objection. Respectfully Submitted, Cot A. Corma (2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE COMMONWEALTH OF PENNSYLVANIA CORY A. CORMANY V. HUBERT GILROY et. at. CASE NO. 04-4055 CIVIL ACTION - LAW JURY TRIAL/JUDGMENT AFFIDAVIT OF CORY ALISTER CORiN N I, Cory Cormany, hereby beseech under oath and so state the following: 1. On December 16, 1988, I witnessed the birth of Alexandria Christine Cormany to Tina Doreen Cormany at the Carlisle Hospital, PA Carlisle, in and around the afternoon hours. 2. As the witness, I received rightful applications legitimate a fatherhood. 3. On or about December 19, 1988, I acknowledged Tina Doreen Cormany from the Carlisle Hospital, PA Carlisle, taking her home with the infant child. 4. On or about December 15, 1989, I received a consensual decree of divorce from the Commonwealth of Pennsylvania; practical Tina Doreen Cormany. (3) 5. At and through the year 1993 , Tina Doreen Cormany remarried and became Tina Doreen Adams; moving her place of residence while breaching the consensual agreement of divorce. 6. At and through the year 1994 the Commonwealth of Pennsylvania allegedly terminated my parental rights to the described Alexandria Christine Cormany, and granted parental rights to the said; Tina Doreen Adams' husband. 7. The attached exhibits contain documents purporting to quash the order of the common pleas court concerning Alexandria Christine Cormany, and to recognize legitimate ramifications involved an educational predirective questionable the Commonwealth of Pennsylvania. 8. I believe that Mr. Gilroy or Ms. Adams maybe acting on behalf of the following: A) On November 17th, 1988; Ms. Tina Doreen Lightner consented to a marriage license proceeding the Commonwealth. B) On November 17th, 1988; Mr. Cory Alister Cormany consented to a marriage license proceeding the Commonwealth. C) On December 16th, 1988; Ms. Tina Doreen Lightner bared a child to the plaintiff proceeding the Commonwealth. D) On March 27th, 1989; Ms. Tina Doreen Lightner consented to a divorce agreement proceeding the Commonwealth. (4) E) On December 1st, 1989; Mr. Cory Alister Cormany consented to a divorce agreement proceeding the Commonwealth. F) On April 6th, 1994; Mr. Cory Alister Cormany serviced a civil action proceeding the Commonwealth. G) On May 16th, 1994; Mr. Cory Alister Cormany denied an orphans court petition proceeding the Commonwealth. H) On June 15th, 1995; Mr. Cory Alister Cormany filed a civil action proceeding the United States District Court. I) On October 17th, 1995; the Commonwealth serviced a civil action proceeding Mr. Cory Alister Cormany. J) On October 30th, 1995; Mr. Cory Alister Cormany petitioned an record expungment proceeding the Commonwealth. K) On April 3rd, 1996; Mr. Cory Alister Cormany filed a civil action proceeding the Commonwealth. L) On April 3rd, 1996; the Commonwealth denied a civil action proceeding Mr. Cory Alister Cormany. M) On April 10th, 1996; Mr. Cory Alister Cormany filed a civil action proceeding the Commonwealth. N) On August 8th, 1996; Mr. Cory Alister Cormany filed a civil action proceeding the Commonwealth. (5) O) On March 23rd, 2001; Mr. Cory Alister Cormany serviced a civil action proceeding the Commonwealth. P) On September 25th, 2001; Mr. Cory Alister Cormany filed civil action proceeding the United States District Court. Q) On November 28th, 2001; Mr. Cory Alister Cormany filed a civil action proceeding the Commonwealth. R) On March 12th, 2004; Mr. Cory Alister Cormany serviced a civil action proceeding the Commonwealth. S) On August 16th, 2004; Mr. Cory Alister Cormany serviced a civil action proceeding the Commonwealth. T) On February 22nd, 2005; Mr. Cory Alister Cormany serviced a civil action proceeding the Commonwealth. Further Affiant sayeth so. Cory Alister Corma y otary ? ?? monweab of Pen vania Er""k1 ? It4? May 14, , IT 1Le S?.sa: cC d`?'1 x '13 = {sec: e c?? (?vr c e 06 (Lr SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 1989, by and between CORY A. CORMANY, hereinafter called Husband, and TINA D. CORIVANY hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on .t'.c=mber 1. I'tX in Cumberland County, Pennsylvania; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have lived separate and apart from each other since March 27, 1989 and have consented to a mutual consent divorce; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apa,% 2. Division of Propertv. The parties have divided between them to their mutual satisfaction the household furniture, supplies and furnishings, and other articles of household property which have heretofore been used by them in common, and neither will make any claim to any such items which are now in possession or control of the other, except as otherwise set forth herein. The parties shall retain the respective automobiles in their possession and assume any obligations associated therewith. I •4, 1 3. Debts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless front any and all personal debts and obligations incurred by hint or her subsequent to the date of separation, which occurred in March 1989. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. 4. Equitable Property. This Agreement constitutes a division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. Each party hereby acknowledges that this agreement adequately provides for his or her needs and is in his or her best interest, and that the Agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. 2 D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. S. Custody and Suonort of Alexandria. &usband shall pay to Wife for the support and maintenance of their minor child, Alexandria, born December 16, 1488, the amount established by agreement of the parties or as established by a court of competent jurisdiction, said payments due hereunder to continue until said child reaches the age of eighteen (18) or graduates from high school, whichever shall occur last, dies, marries or otherwise becomes emancipated and so long as said child lives and resides with Wife. Husband agrees that so long as lie has an obligation to support Alexandria that he will provide life insurance coverage in a sufficient amount, naming Alexandria as a beneficiary thereon, to insure the payment due hereunder. The Wife shall have primary physical custody of Alexandria. The Husband shall have the right of visitation in Wife's home on Saturdays between the hours of 5:00 p.m. to 7:00 p.m. and Sundays front 2:00 p.m. to 5:00 p.m. This arrangement shall continue until such time as the Wife is satisfied that Husband's alcohol related problems are controlled. So as not to endanger Alexandria and that he is capable of caring for her due to her young age. Whets Husband has achieved the foregoing than the parties agree to renegotiate an expansion of the father/ daughter contacts to include times of partial physical custody. 6. Release of All Claims. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred, or may be incurred, relating 3 to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligations under this Agreement or under arty instrument or document executed pursuant to this Agreement. 7. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 8. Full Disclosure. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 9. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. It is understood, however, that Wife, as of the signing of this Agreement, has filed an action in divorce in the Court of Common Pleas of Cumberland County in which she alleges that the marriage is irretrievably broken. Both parties understand and agree that Wife shall pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or docurnents necessary to effectuate the divorce pursuant to Section 201(c) of the Divorce Code. Husband agrees that the marriage is irretrievably broken. 4 10. Representation of Parties by Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. 11. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 12. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 13. Descriptive Headings. The descriptive headings used herein are for convenience only. Thev shall have no effect whatsoever in determining the rights or obligations of the parties. 14. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 15. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 5 16. Order of Court. With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement may be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this agreement or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It is further agreed that regardless of whether said agreement or any part thereof is incorporated in any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: (SEAL) Tina D. Cormanv (SEAL) C Corv A. Cormany? 6 EXHIBIT 4fflda,vl Pursuant to Federal Rule of Civil Procedure 12(b). It is an obligation to appeal from Judgment in Civil Cases disposed on Consent of the Parties 28 US. C. 636(c) that the underlined have consented conformity under subsection (d) to acknowledge a visitation statndard. 1. 1 am the natural grandfather of Alexandria Christine Cormany. 2. 1 am the natural grandmother of Alexandria Christine Cormany. 3. We consent to a visitation standard pursuant an order of the court. t. We hereby voluntarily and conditionally submit an affidavit to the abolishment of adoption of Alexandria Christine Cormany. 5. We understand an aboundment substantial the obligation of a grandchild. We the undersigned witnesses certify that we are familiar with Alexandria Christine Cormany, and that we sign our signature in relation to an indication of law and order. Witness 10.. Signature Witness Signature Relationship to Cory Alister Cormany Relationship to Cory Alister Cormany EXHIBIT IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADOPTION OF ORPHANS' COURT DIVISION ALEXANDRIA CHRISTINE CORMANY NO. 64 ADOPTION 1993 CONSENT TO Q A SIB H ADOP7IQN I, Tina Doreen Lightner (Adams), hereby certifies as follows: 1 I, Tina Doreen Lightner (Adams), currently reside at 145 Kerrs Road, Newville, Cumberland County Pennsylvania. 2 My current age is 38. 3 My current marital status is that I am married. 4 I am the mother of Alexandria Christine Cormany. 5 The natural father of Alexandria Christine Cormany is Cory Alister Cormany. 6 I hereby voluntarily and unconditionally consent to the abolishment of the Adoption of Alexandria Christine Cormany by John D. Adams Jr. 7 I understand that by signing this consent I indicate my intent to permanently take up all rights of Alexandria Christine Cormany. 8 I understand that Alexandria Christine Cormany will be eligible to visit with Cory Alister Cormany. 9 I understand that I may not revoke this consent after a Court has entered a decree confirming this consent or otherwise negotiated my parental rights to Alexandria Christine Cormany, Evert if a decree is entered terminating the right of John D. Adams Jr, hereafter consenting the rights of Cory A. Cormany. 10 I have read and understand the above and I am signing it as a free and voluntary act. Date Tina Doreen Lightner (Adams) Place of signing : We, the undersigned witnesses hereby certify that we are familiar with Tina Doreen Lightner (Adams), and that we witness Tina Doreen Lightner (Adams) sign her signature above at the place and date indicated. WITNESS Signature Address Relationship to Alexandria Christine Cormany WITNESS Signature Address Relationship to Alexandria Christine Cormany EXHIBIT IN RE: ADOPTION OF ALEXANDRIA CHRISTINE CORMANY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 64 ADOPTION 1993 PERSONAL INFORMATION CONSENT Pursuant to Section 2985 of the Adcption Act, I %ereby- request to place on file with the Court, this consent form granting permission for the Court to disclose the information contained in my child's original certificate of birth, or any other identifying or nonidentifying information pertaining to me or the other natural parent, at any time after my child attains the age of 18 or, if less than 18, to my child's adoptive parent(s) or legal guardian. I understand that if both parents consent, the information on the birth certificate may be disclosed. If only one parent gives consent, only the identity of the consenting parent shall be disclosed. I also understand I may update these records, as necessary, to reflect the current address or any other information pertaining to the natural parents. The information may only be disclosed upon the request of my child, the adoptive parent(s) or the legal guardian. This consent may be withdrawn at any time by filing a withdrawal of consent with the Court. NOTICE: The Department of Health is required to maintain a similar procedure. This Court does not provide a copy of this consent for the Department of Health. If you desire to place a similar consent with the Department, you must contact the Department of Health. tness Natural Parent Date t?y,HIBIT THE STEVENS CENTER 33 State Avenue - Carlisle, PA 17013 INFOR kTION FOR NEW CLIENTS Welcome to The Stevens Center. We are happy to be able to serve you. The Stevens Center provides a range of services for people with problems related to mental health and drug/alcohol use. Services Available at The Stevens Center Outpatient Mental Health Therapy Outpatient Drug and Alcohol Therapy Partial Hospitalization Program Social Rehabilitation/Drop-In Center Case Management Community Residential Rehabilitation Family-Based Treatment Programs Location. Hours, Phone The Stevens Center is open Monday through Wednesday 8:30a.m. to 7:00 p.m., Thursday 8:30 a.m. to 8:00 p.m., and Friday 8:30 a.m. to 5:00 p.m. The main office is located at 33 State Avenue, just south of exit 47 oft rt. 81 and south of the NEW Carlisle Commons (formerly M1 Mall). We have a satellite office in New Bloomfield (some serves are not available at the satellite office). There is a Drop-In Center for Stevens Center clients located at 110 West High Street in downtown Carlisle. The Stevens Center maintains a house and numerous apartments in Carlisle for people with serious mental illness. If you will be living there, staff will explain the location and orient you to the residence. How to Contact Your Therapist/Doctor/Case Manager You can call the Stevens Center at the phone numbers below, at the times listed above. When you hear the Stevens Center recorded greeting, you may dial the extension you want at that time, you may also dial the # key to forward you to the staff directory if you know the spelling of the last name of the person you are trying to reach. If trying to contact you Doctor, you will need to direct your concerns to the nurse at Ext. 245. If you cannot reach your Therapist/CaseManager/Nurse, and it is an emergency, please follow the "Crisis Services" directions. (OVER) INFOP-MATION FOR NEW CLIENTS Page 2 Crisis Services Effective February 4, 2002, the Unified, Licensed Crisis Intervention Program becomes operational. This program will be provided through Holy Spirit Hospital Behavioral Health Center. There will be two locations available for accessing Crisis Services; one will be housed in C-a.Tnp-E rl-l-atHoITS-piri t Hospital-with the C-e-isIe site housed at-the Carlt`sle Re;ional-hfedical - Center. The location of the offices has not changed. There is a new toll free phone number for residents of Cumberland and Perry counties to access Crisis Services. That number is (866) 350-HELP (4357). T'ne phone numbers for direct access to Crisis at the Carlisle Regional INtedical Center and at Holy Spirit Hospital are (717) 243-6005 an& (717) 763-2222 respectively. Financial Arrangements remain the same and The Stevens Center services are available to residents of Cumberland and Pert' counties. There is a fee for our professional services. Your fee will depend on your income, and if you qualify, you may be eligible for free services. Many of the Center's services maybe covered by Medicare, Medical Assistance, or your health insurance policy. The Center's staff will review your insurance coverage and work with you to develop an affordable payment plan. If you have problems related to your bill, call The Stevens Center between 9:00 a.m. and 4:00 p.m. and ask for the Billing Department. Confidentiality/Client Rights The Stevens Center staff adhere to strict regulations related to the confidentiality of ycur.treatment and treatment records. Your therapist/cast manager will give you a copy of our confidentiality policy. We believe that clients have the right to quality treatment delivered in a respectful manner. Your therapist/case manager will give you a copy oEThe Stevens Center Client Rights Statement, which lists your rights as a client of this agency. THE STEVENS CENTER 33 StaceAvenue - Carlisle. PA 170 3 CONFIDENMAT = OF MENTAL I-IEALT T CLIENT TREATMENT AND RECORDS The confidentiality of mental health client records maintained by this agency is protected by Pennsylvania State Law (55 Pa Code 5100.31 - 5100.39). Persons seeking or receiving services from a mental health facility are entitled to do so with the expec-ration that information about them will be treated with respect and confidentiality by those providing services. Records concerning persons receiving or having received treatment shall be kept confidential and shall not be-releascd_nor_their_content-d -chased without_the_written consent of tt e client, or_guardian tf clie_nt___is_a_ _minor, exceptthat relevant portions or summaries may be released or copied as follows: 1) To those actively engaged in or supervising, client treatment, or to persons at other agencies when the client is being referred to that facility for service. 2) To third party payors who require icrmation to verify that services were actually provided. 3) To reviewers and inspectors, including Commonwealth of Pennsylvania licensure or certification, when necessary to obtain certification as an eligible provider of services. 4) To those participating in PSRO or Utilization Reviews. 5) To the administrator, under his/her duties under applicable statutes and regulations. 6) To a court or mental health review officer in the course of legal proceedings authorized by the act or this chapter (5100.3). 7) In response to an order of the court. 8) To appropriate state or local authorities about suspected child or patient/client abuse. 9) In response to an emergency when release of information is necessary to prevent serious risk of harm to client or others. 10) To parents or guardians and others when necessary to obtain consent to medical treatment. 11) To-attorneys assigned to represent the subject of a comet tment hearing. If a client's account for service payment becomes delinquent, and no agreement has been reached for repayment, The Stevens Center reserves the right to inform a collection agency about the debt and necessary client identifying information. The Stevens Center will not release clinical treatment information to a collection agency. Information about clients receiving or seeking drug and alcohol treatment services at this agency is protected by additional federal laws and regulations (42 US C. 290dd-3, 42 U.S.C. 290=-3, 42 CFR Part 2). A statement relating to these conflidentialirf regulations is provided to clients who seek drug/alcohol treatment and is available to any client on request. Rev. 08/01/95 THE STEVENS CENTER 33 Scale Avenue - Carlisle. PA .-013 Outpatient Department The Outpatient Department of The Stevens Center provides-- services to children and adults of all ages for a wide range of adjustment and mental health problems of varying intensities. All cpr,,;?-c sro nrn,AA.,4 k,, A r?i t,Palrh nrnfPccinralc who have received traininz in specialized areas of Outpatient Counseling and Psychotherapy. The current model of treatment used at the Center is a brief therapy model designed to treat various problems in the shortest period of time. This process begins after the client undergoes an assessment period with his Outpatient Therapist and ends after the presenting problem is resolved or after another assessment by the therapist is conducted to determine the need for further services. The usual length of treatment is twelve (12) sessions. Sessions usually last an hour. Treatment Modalities include, but are not limited to, Individual, Marital, Family and Group Psychotherapy. The style of therapy will vary from therapist to therapist depending on their speciality and orientation to psychotherapy. An Aeenc? of United bvav of the Creat=_r Carlisle A; ea • Tri-Ccunti United ` Iav 5 Shippensburg Area United Way _J i lJ THE STEVENS CENTER 33 S[a[e A'reo„,e - Carlisle, Pi 17013 ALCOHOL OR DRUG USE BY STEVENS CENTER CLIENTS Agency Philosophy The staff of the Stevens Center encourages all clients to avoid using alcohol, illegal drugs, or misuse of prescribed drugs, as we find it tends to interfere with your health and your life. Such _ substances maymake_y9ur_mental_health_sytnpt9ms worse?nd_may_decrease the_effecti_.eness_o your medications. If you provide such substances to other clients, you may damage their health or well-being. Summary of Policy It is the policy of the Stevens Center that no alcohol or illegal drugs are permitted in our facilities or on our property. Such facilities include, but are not limited to, the main building, satellite offices, the Drop In Center, and SRP (Pomfret Street) or SAP (Hanover Manor, Belair e Apanments). Clients are not to come to a Stevens Center facility having recently used alcohol or drugs. You will be reported to police if you give, sell, trade or offer to sell or obtain alcohol, illegal drugs, or prescribed drugs to/for another client while in a Stevens Center facility or on our property. For further details Refer to the Stevens Center policy: "Use, possession, or Distribution of Alcohol or Drugs by Clients in Stevens Center Facilities" (4/16/93). ur.iced ?\av • Sh I Lu I THE STEVENS CENTER 33 Mate fi.ecue - Carlisle. ?'A :-C13 CLIENT RIGHTS In accordance with applicable Federal and State civil rights laws and regulatory requirements and The Stevens Center policies, as a client of this facility, you have the right: • Program services, shall be made accessible to eligible persons with disabilities through the most practical-and-economically-feasible-methods-available-These-methods include but -_. are not limited to, equipment redesign, the provision of aides, and the use of alternative service delivery locations. Structural modifications shall be considered only as a last resort among available methods. • To be provided services at The Stevens Center and to be referred for services at other facilities without regard to your race, color, religious creed, handicap, medical condition, sexual orientation, ancestry, national origin, age, marital status, or gender. • To receive confidential, appropriate, and high quality treatment services. • To be treated with dignity and respect by all staff of The Stevens Center. • To participate in the development of goals for your treatment. • To have access to your treatment records and to receive copies of all release forms or correspondence on your behalf. You may request access to your treatment record by submitting the request in writing to the Program Director. You have the right to request the correction or removal of inaccurate, irrelevant, outdated, or incomplete information and to submit rebuttal data or memoranda to your record. • To file a complaint of discrimination if you feel you have been discriminated against on the basis of race, color, religious creed, handicap, medical condition, sexual orientation, ancestry, national origin, age, marital status, or gender. • To retain all civil and legal rights. No client will be deprived of these rights solely by reason of treatment. Grievance Procedure 1. If a client believes his or her rights have been violated by a staff member, client is encouraged to try to resolve the grievance with the staff member. Client may also choose to talk to the staff member's supervisor. An Age7o, of Lniled'.ta?, oFthe Cr=_a:er Cafl s;e ,rep _rli_c'.ra. of it e Capital Regicr Shippensburg ti,ea Lnited44av Pape 1-w 2. If the above does not lead to a satisfactory outcome, or if a client does not feel comfortable talking to the staff member or supervisor, staff shall submit a written report of the alleged rights violation to the Vice President of Clinical Operations. 3. The Vice President of Clinical Operations will respond to the client in writing w th n five (5) working days. - 4- If dissatisfied with the Vice President of Clinical Operations' response, the client may appeal in writing to the President/CEO. The President/CEO will respond in writing within five (5) working days. 5. If-dissatisfied with the response of the President/CEO of the Stevens Center, the client may appeal to one or more of the agencies listed below. 6. The Stevens Center Board of Directors will be informed of all grievances. 7. The outcome of all grievances filed by county-funded mental health clients will be reported to the Cumberland-Perry County ivII- IR Office. Additional Agencies (for County-Funded Mental Health Clients) Cumberland-Perry County MI- `MR Office 16 West High Street Carlisle, PA 17013 (for Mental Health Clients) Office of Mental Health P.O. Box 2675 Harrisburg, PA 17105-2675 (for Medical Assistance Clients) Department of Public Welfare Office of Hearing and Appeals Bertolino Building, 6° Floor P.O. Box 2675 Harrisburg, PA 17105 (for Issues of Discri mination) Bureau of Civil Rights Compliance Department of Public Welfare Health and Welfare Building, Room 412 P.O. Box 2675 Harrisburg, PA 17105 (for Issues of Discrimination) Pennsylvania Human Relations Commission Harrisburg Regional Office Riverfrcnt Office Center 1 101 South Front Street, 5' Floor (for Drug/Alcohol clients) Office of Drug and Alcohol Programs Department of Health P.O. Box 90 Harrisburg, PA 17108 (for Issues of Discrimination) Office of Civil Rights U.S. Dept Health and Human Services Suite 372, Public Ledger Bldg 150 S. Independence Mall West Philadelphia, PA 19106-9111 THE STEVENS CENTER 33 Sate Avenue - Carlisle, PA 17013 Outpatient Department Missed Appointment Policy - R,cause_of_the_increasing_demand-foLOQIpatient Therapy Serv ces and the limitation on available appointments, The Stevens Center has implemented a policy for "missed appointments". A "missed appointment" is defined as: I) You do not show for your scheduled appointment and you do not notify your therapist, nurse, or psychiatrist that you will not attend. 2) You notify your therapist, nurse, or psychiatrist that you wish to cancel an appointment less than 24 hours before the scheduled appointment time. If you notify your therapist, nurse, or doctor that you experienced a genuine emergency outside of your control which prohibited you from notifying the agency, that person will determine if the appointment will be considered a "missed appointment" or a "cancellation". Clients who have three (3) "missed appointments" will be discharged from services. The client will be notified by mail that he/she has been discharged. A fee of twenty-five dollars MAY be charged for each "missed appointment". Insurance plans and other payment sources will not pay this fee, so the client is responsible to pay the missed appointment fee. You will be notified by mail if you are being charged the twenty-five dollar "missed appointment fee." The client is required to pay this fee the next time he/she comes in for an appointment Appeals for exception to the policy can be made initially through the clinician, and if a satisfactory agreement is not obtained, further appeal can be made through the Director of Outpatient. Note` The full content of this policy is located in The Stevens Center Policy and Procedures Manual; the "Missed Appointment" policy is dated May 1, 1996. An Aeencv of United Wav of the Creater Carlisle Area • Tri-Councy United Way • Snippensburg Area United Way t? D S"F-Fi Inf:-C'i1Gn What is AIDS AIDS stands for Acgt:d Lnmune Deficiency Syndrome, a disease which breaks down a part of the body's immune system. This breakdown leaves the body vulnerable to a variety of unusual, life- threatening illnesses. It is these illnesses, not the AIDS virus itself, which can result in death. AIDS was first reported in the United States in 1981. Since that time it has been diagnosed around the world and the numbers are increasing. What causes AIDS AIDS is caused by a virus called Human Immunodeficiency Virus, or HIV, which attacks the body's immune system. Infection with IIV does not necessarily result in AIDS. There are many people who have the HIV virus, but do not presently have AIDS, and therefore may look very healthy. How do you catch the HIV virus In an infected person, the virus can be found in a variety of bodily fluids including semen, blood, urine, Pecs and vaginal secretions. Any behavior which may transrrt these fluids could pass on the virus. These high risk behaviors include sexual contact, drug use with a needle, and blood transfusions. Since the mid-80's the blood supply available for transfusions has been tested for HIV, so the risk of getting the virus from a blood transfusion is almost zero. In addition, an infected mother can transmit the virus to her infant before or after birth (through breast milk). All people can get AIDS - children, elderly, black, white, gay, heterosexual. Initially many gay men were getting the disease, but now a large number of the cases are drug users, heterosexual people, and adolescents. . HIV and ADS are not spread through casual contact or the normal kind of contact you have with people at work, school, or at home. Hugging, handshaking, use of bathrooms, swimrrng pools, or dishes, or sneezing and coughing do not transmit HIV. How can you protect yourself The best protection is to avoid sexual contact and avoid using needles for drug use. Anyone who is sexually active can acquire or t=srrt HIV through sexual contact. When you are not absolutely sure if your sexual partner may be infected, do not allow semen, blood, urine, or vaginal secretions to enter your body. Use condoms for all types of intercourse. ?ID S1'1T;/1r1f onion Page 2 Sharing hypodermic needles may transmit the HIV virus among drug users. Do not share needles. Any needles used by someone else should be cleansed using a solution of bleach, and then rinsed thoroughly. Some researchers have also suggested that people who use alcohol and street drugs (not with a needle) have a higher risk of catching HIV. The reason is that these substances will impair your immune system on their own and make you more vulnerable to HiV. Also, while under the influence you may engage in behaviors which place you at high risk to catch FIIV. It is best, for a number of reasons, to avoid use of street drugs and alcohol. What are-th? svrnptoms of infection Most people infected with 111V have no symptoms and feel well. Some develop symptoms that may include: Fever, night sweats Weight loss Swollen lymph glands Fatigue Diarrhea White spots in mouth Dry cough Pink to purple blotches on skin Many of these symptoms are also present in common illnesses, however, in AIDS the symptoms are persistent and recurrent. If you are concerned about whether you have HIV, or because you have the above symptoms, you should see your medical physician and get tested for the virus. There are places you can go to get tested anonymously; call the State Health Center in Carlisle at 243-5151 or the Public Health Center in Mecha-rcsburg at 697-6549. - The Stevens Center May, 1992 Northwestern Human Services Central ! Western Region Outpatient Mental Health and Drug Alcohol Services Fee Schedule Effective July 1, 2002 Service Description Unit Charge Individual Psychotherapy 30 min 45-50 min 60 min $ 60.00 $ 98.00 $ 120.00 Family Psychotherapy (w/patient or w/o patient) 45-50 min 60 min $ 85.00 $ 110.00 Group Psychotherapy 60 min $ 35.00 D&A Group Therapy 60 min $ 35.00 Medication Management (10-20 min) (Physician only & P.A.'s) 15 min Brief _ $ 52.00 Medication Clinic Visit (15 min) for Administration & Evaluation 15 min $ 52.00 Clozapine CM 15 min _ $ 70.00 Clozaril ME 15 min $ 30.00 Psychiatric Evaluation Fixed _ $ 225.00 Projective Technique Eval 60 min $ 150.00 Comprehensive Eva[ Graphic Technique Eval 60 min 60 min $ 250.00 j $ 75.00 Personality Inventories 60 min $ 150.00 Individual Measurements 60 min $ 75.00 DUI Self Pay Evaluation 60 min $ 50.00 Court Appearance 60 min $ 100.00 Failed Appointments Fixed $ 25.00 'SPECIAL NOTICE'' IF NORTHWESTERN HUMAN SERVICES IS NOT CONTRACTED WITH YOUR INSURANCE COMPANY YOU WILL BE RESPONSIBLE TO PAY AT THE TIME OF SERVICE. YOU WILL RECEIVE A SERVICE VOUCHER AT THE TIME OF YOUR VISIT WHICH YOU MAY USE TO SUBMIT TO YOUR INSURANCE COMPP,NY FOR REIMBURSEMENT. del l i 1? Gnanc5, Jan. 2nnq NORTHWESTERN HUM-4N SERVICES, INC. PRIVACY NOTICE REGARDING USE AND DISCLOSURE OF TREATMENT L7FORbLATION THIS PRIVACY NOTICE DESCRIBES HOW YOUR TRE,= TI ENT INFORMATION MAY BE USED AND DISCLOSED, AND HOW YOU CA2N GET ACCESS TO THIS TREATMENT NFORMATIOU. PLEASE REVIEW THIS NOTICE CAREFULLYBEFORE' SIGsSZNG ANY D 0CUr1fENTS. Purpose of this Notice: In general, any information that concems your health, treatment, or payment for treatment, is considered confidential and is protected as confidential by Northwestem Human Services, Inc. (`NHS"). This Privacy Notice describes NHS' Privacy Practices, specifically- the uses and disclosures - NHS may rnake of your treatment information and what rights you have with respect to your treatment information. Treatment information includes, but is not limited to, your name; address; other personal identifying data; health status; and record of treatment services that have been, are being, and will be provided to you in the future. NHS requires that all programs, employees, staff, and any party in a working or business relationship with NHS comply with NHS' Privacy Practices. 2. Use and Disclosure of Medical Information for Treatment, Payment, and Health Care Operations: Laws governing treatment programs and procedures conducted by NHS allow NHS to use and disclose your personal information for the purposes of treatment, payment, and health care operations. Treatment means the provision, coordination, or management of health care related and therapeutic services provided completely or in part by NHS. N-HS can share your treatment information and records with another provider involved in your health care for the benefit of your coordinated care. Also, NHS may contact you by phone or other means to remind you about an appointment or address a specific aspect of your care. Please note that relevant laws prohibit certain treatment information, such as Psychotherapy Notes, from being shared without your knowledge. NHS must obtain a written Aiithorcation from you before all or part of the treatment information can be used or released. At the time the treatment information is being requested, you will be provided with a written Authorization explaining the specific treatment information requested and the purpose of the request for the specific treatment information. Your signature on the Authorization will provide the consent necessary for the use or release of this information. Payment refers to reimbursement to NHS by your healthcare insurer for services that have been provided to you. In order to process payment, your healthcare insurer may require that NHS provide treatment information to confirm your eligibility for services provided, to coordinate benefits with other payers who may be responsible for reimbursement for the services, and as part of the payers claims management procedures which covers billings, collections, appeals, medical necessity review activities, utilization review activities, or for disclosure to consumer reporting agencies. For instance, NHS can disclose the healthcare information required by your insurer's plan to determine whether Inc services provided to you by NHS were medically necessary. Health Care Operations cover a range of intemal operations performed by NHS or its Business Associates to manaee information, data, and services on behalf of NHS and its clients. These operations include, but are not limited to, quality assessment and improvement activities; peer review; credentiating and licensing; training programs; legal and financial services; business planning and development; implementing and monitoring NHS' compliance and privacy practices; customer, services; internal grievances; creating de-identified or re-identified information for data aggregation and other purposes; fimdraismg, marketing and due diligence activities. Examples of such operations are evaluation of the performance of therapists to ensure that they meet NHS' quality standards and engaging legal counsel or accountants to represent NHS' interests when required. 3. Consent and Authorization: NHS must obtain your written Consent prior to initiating treatment, payment, or health care operations on your behalf. You will be required to read and give your Consent in writing before any treatment services are begun. This Consent will remain in effect until completion of your treatment services with NHS. However, you have the right to revoke your Consent, in writing, at any time during the course of your treatment services except to the extent that NHS has taken action in reliance on the Consent. A written 4zithori_ation is required for the use and disclosure of all or part of your treatment information requested by a third party for purposes other than general treatment, payment, and health care operations. For example, Psychotherapy Notes shall not be released without your specific Authorization, except when required by law. Only that information that is minimum and necessary to accomplish the purpose for which the Psychotherapy Notes are being requested will be released. The Authorization will identify the specific information being requested, the purpose for which the requested information is to be used, and the party to whom the information will be released. The Authorisation will be time restricted and contain a prohibition against the use of the information for any purpose other than the purpose stated on the.-4uthorization and against a re-release of the information for any purpose. 4. The Use and Disclosure of Treatment Information then your Consent or Authorization are Not Required: Under the following circumstances, INHS is permitted by law to use or disclose your treatment information without further Consent or A_uthorLation: a. to those caregivers actively engaged in your treatment at NHS or to providers who are actively coordinating with NHS in your care or treatment plan; to insurers and those third party payers or co-payers whom you have identified to NHS as being responsible for payment for your treatment services and who require information to verify that services wcre actually provided (information to be released hereunder is limited to the staff names, the dates, types and costs of therapies or services, and a short description of the general purpose of each treatment session or service); C. to reviewers and inspectors, including the Joint Commission on the Accreditation of Hospitals or similar accrediting agencies and Commonwealth licensure or certification, when necessary to obtain certification as an eligible provider of services; d_ to those participating in PSRO or Utilization Reviews; e. to the administrator under required duties pursuant to applicable statutes and regulations; f. to a court or Mental Health Review Of icer in the course of legal proceedings authorized by statute or regulations; g. in response to a Court Order when Production of Documents is properly ordered by law; h. to appropriate regulatory agencies responsible for addressing patient or child abuse; in response to an emergency medical situation when release of information is necessary to prevent serious risk of bodily harm or death (only that specific information minimum and necessary to the relief of the emergency may be released on a nun-consensual basis); to parents, guardians or other verified personal representatives when necessary to obtain consent to medical treatment; and k. to attorneys assigned to represent the subject ofa comrnitmenthearing. Treatment information made available shall be limited to that information which is mmzmaim and necessary to the purpose for which the information is sought. Treatment information may not be released to additional parties cr entities or used for additional purposes without your consent. 5. Authorization for Other Uses and Disclosures of Treatment Information: NHS is prohibited, by law, from usinz or disclosing your treatment information without a written Authorization for any purpose other than those purposes listed above. For purposes other than those listed above, NHS must obtain a signed Authorization*and disclose only that treatment information which is minimum and necessary to the specific purpose requested. An Authorization serves as a written permission that specifically identifies the information being sought for use oydisclosure and clearly states the pu-pose for which the use or disclosure is being requested. Further, you may revoke your Authorization at any time except: (1) to the extent that the treatment information has been used or disclosed in reliance on your Authorization or (2) your Authorization was obtained as a condition of obtaining insurance coverage. Please note that NHS cannot absolutely guarantee that once your treatment information has been released to the third party named in an Authorization, that the third party will abide by the rules sta*cd in NHS' Privacy Notice. 6. Individual Rights with respect to Treatment Information: A client of appropriate age and legal capacity, who understands the nature of the treatment information and the purpose for which treatment information may be used or disclosed, shall control access to his or her personal treatment information, a. Access refers to physical examination of treatment information, but does not include physical possession of the information. A person who has received or is receiving treatment may request access to treatment information including records, but shall be denied such access to all or part of the treatment information if. (1) upon documentation by the treatment team leader it is determined that granting such access will constitute a substantial detriment to the treatment process; and/or (2) when disclosure of specific treatment information will reveal the identity of persons, or breach the trust or confidentiality of persons who have provided information upon an agreement to maintain their confidentiality. (3) The limitations on access to treatment information are applicable to parents, guardians, and others who may otherwise have the right to control access over treatment records, except that the possibility of substantial detriment to the parent, guardian, or other person may also be considered. (4) The treatment team leader retains absolute discretion in receiving and reviewing the treatment information requested in writing in advance of granting access to the treatment information, and may be present or designate an appropriate parry to be present when the treatment information is being reviewed. b. Restrictions on the use and disclosure of your treatment information for treatment, payment, and operational purposes may be requested by you. NHS shall be bornd by all reasonable and appropriate requests for such restrictions which it agrees in writing, except in emergency circumstances. NHS r.se-ves the right to request the withdrawal of certain restrictions at any time during treatment. However, ATHS is not bound to accept your requested restrictions if the treatment team does not believe that it reasonably can or should comply with the requested restrictions. NHS reserves the right to its treatment teams to exercise such discretion and give z written refusal in response to your request for restrictions. _ Please address any writtenjequests for restriction to NHS Privacy Officer at 620 Germantown Pike, Lafayette Hill, PA 19444, or through the NHS Helpline at (888) 439-0100. c. Confidential Communications may be requested by you about how NHS communicates information regarding your treatment, health care services, and payment for services. For example, you may request that all communication be directed to your home and not to you at work. Such request for confidential communication must be made in writing. NHS will do its best to reasonably accommodate such requests. Please address any requests for confidential communications to NHS Privacy Officer at 620 Germantown Pike, Lafayette Hill, PA 19444, or through the NHS Helpline at (888) 439-0100. d. Amendments to your documented treatment information may be requested in writing. Amendments agreed to by NHS shall be documented within sixty (60) days of your written request. However, NHS reserves the right to deny requests for amendments when the treatment team finds that: (1) the existing documented treatment information is accurate; (2) NHS is not the author of the treatment information requested to be amended, or (3) the request to amend changes or alters the accuracy of the treatment information. You may appeal any denial of your request for amendments within thirty (30) days of receipt of NHS' denial of your requested amendment. All appeals must be made in writing. Please direct any requests for amendments and appeals to NHS Privacy Officer at 620 Germantown Pike, Lafayette Hill, PA 19444, or through the NHS Helpline at (888) 439-0100. Accounting of any and all disclosures made of your treatment information for the six (6) years prior to the date of your request shall be available to you within sixty (60) days of the date of your written request. These disclosures do not include those made for certain treatment payment, or operational purposes. The right to an accounting is subject to the effective date of regulatory laws and statutes. Please direct requests for accountings to the NIHS Privacy Officer at 620 Germantown Pike, Lafayette Hill, PA 19444 or through the NHS Helpline at (888) 439-0100. Complaints alleging inappropriate use or disclosure of your treatment information by NHS employees or agents may be directed to the NHS Privacy Officer or to the Secretary of the federal Department of Health and Human Services. Under no circumstances shall NHS retaliate against you for filing a complaint. If you wish to file a complaint, please contact the NHS Privacy Officer, 620 Germantown Pike, Lafayette Hill, PA 19444 directly or through the NHS Helpline at (888) 439-0100 to obtain an appropriate complaint fo-,n and where to file the complaint form. NHS has the non-delegable dutv,to maintain the privacy ofyour documented treatment information and to provide you with Notice of its legal obligations and Privacy Practices with respect to your treatment information. NHS must date and comply with the Privacy Notice currently in effect. NHS reser?es the right to amend and/or update its Privacy Notice from time to time upon change of practices or revision of laws. If its Privacy Notice is revised, copies of the revised and dated Privacy Notice shall be posted in the NHS service areas or be made available through the NHS Privacy Officer at 620 Germantown Pike, Lafayette Hill, PA 19444 or by contacting the NHS Helpline at (888) 436-0100. NHS hereby reserves the right to implement the changes prior to issuing the revised Privacy Notice. Issued: 1/2:/03 The Stevens Center Outpatient Program CLIENT INVENTORY (Adult) Client Date completed: Client No.: To the client: The following information is needed by your therapist in order to understand your background and needs. This information is kept confidential according to agency and state regulations. Please answer all items as completely as possible. PRESENTING ISSUES 1. What is the reason that you decided to seek counseling/therapy at this time (i.e., why now)? 2. For how long has this concern been bothering you? 3. What types of things hate you done or are you doing to try to help with this concern? 4. What e%pectadons do you have for the counseling services you will receive? n. What kind of solutions are you expecting from the counseling process? 6. Have you ever received any previous mental health or chemical dependency treatment? YES - NO Lf YES, please describe how satisfied you were with the previous treatment and whv.._ FAJ%,Q Y/SIGNIFICANT OTHERS 1. Residents of your household First name Relationship Age 2. Previous marriages or significant relationships, if any (first name, how long, current 3. Has anyone in your family ever been treated for a mental or emotional disorder or for chemical dependency? YES NO If yes, please explain. MEDICAL HISTORY 1. Name of your personal physician Address 2. Are you currently being treated for any medical conditions? _YES _ NO If yes, what are the 3. Axes you currently taking any medications? - YES - NO If yes, plcase list the name of the medication, the dosage, and how often you take it. 4. Please list the date of your last physical exam nation or physician visit. 5. Do you have any allergies? YES _ NO If yes, please list what the allergy is and what type of reaction that you have. 6, Do you experience any problems with sleep or appetite? _ YES - NO If yes, please 7. Have you ever felt that }'ou w'ere taken advantage of, or abused, in a sexual manner? YES -NO 8. Have you ever felt that you may have been physically abused? _ YES NO EDUCATIONAL HISTORY 1. What is the highest grade in school that you have completed? If applicable, do,you have a GED? YES NO _ Not applicable 2. While in school, were you ever told you had a learning disability, received special tutoring, or went to special education classes? YES NO EMPLOYMENT HISTORY 1. Current Emolover Job Title or Type of Job Length of Time at this Job 2. Do you have any other sources of income besides employment? If so, please describe. 3. If not currently employed, what describes your present situation? (check one) Homemaker, not employed outside home ` Laid off Unemployed Disabled, unable to work Other 4. If not currently employed, when and where was your last job? 5, In the past 5 years, how many jobs have you held? 6. Nfilitary service, if applicable Years of Service Type of Discharge _ LEGAL ISSUES 1. Have you ever been arrested? - YES -NO If yes, note the date, charge, and what happer 2. Have you ever been in jail, prison, or protective custody? - YES _ NO 3. Are there any legallcriminal charges currently pending against you? - YES , NO If yes, please describe 4. Are you involved in any civil suits at this time? (divorce, custody, bankruptcy, etc.) - YES - NO If yes, please describe LIFESTYLE 1. What types of activities do you do in your free 2. What is your religion or spiritual preference? Are you active in your faith? - YES _ NO 3. Do you smoke cigarettes, smoke a pipe, or chew tobacco? _ YES _ NO If yes, how much do you use? 4. When was your last drink of alcohol? 5. How often do you drink? 6. How much do you usually drink? 7. Do you ever drink more than the amount you listed in question #6? _ YES . how often you drink more and how much you drink when you drink more. NO If yes, please list S. Have you ever had a problem with drug or alcohol use? _ YES - NO If yes, please describe when the problem occurred and how it affected you. 9. Have you ever felt that you should cut down on your drinking? - YES NO 10. Have people annoyed you by criticizing your drinking? _ YES _ NO 11. Have you ever felt bad or guilty about your drinking? -YES NO 12. Have you ever had a drink the first thing in the morning to steady your nerves or to get rid of a hangover9 -YES NO THANK YOU FOR ANSWERING THESE QUESTIONS. YOUR TIFRAPIST WILL BE REVIEWING THIS INFORMATION WITH YOU. SIGNATURE DATE Dev. 11/18/98 EXHIBIT r` Pennsylvania Association of Pupil Services Administrators Ethical and Legal Issues in the Schools A Pupil Services Perspective Presentedby Dr. Robert B. Cormany Educational Consultant Pennsylvania Association of Pupil Services Administrators Workshop on Ethical and Legal Issues for Pupil Services Staff AGENDA Morning Session Testing Your Knowledge Defining Law and Ethics Responding to Lawsuits Dealing with Parental Hostility The Hatch Act Afternoon Session Legal and Ethical Issues: A Publication Ethical Standards of Professional Associations Position Paper on Critical Counseling Relationships Case Studies in Pupil Services Law Resources TESTING YOUR KNOWLEDGE IN LEGAL ISSUES While you are waiting for the session to begin, try the following quiz. These questions all pertain to actual court decisions affecting pupil services staff. Answer each with "true" or "false" in terms of how you believe the courts have ruled in defining your legal responsibilities. ,1. It is permissible for educators to practice witchcraft with their students. 2. A counselor can be held liable for giving incorrect advice to a student. ,3. When a student comes to you to discuss abortion, you should explain other alternatives to them even if their mind is set. _4. If a parent claims to have sole custody of a child, you may still share information concerning that child with the other natural parent. _5. When a stepparent asks to see the cumulative folder on a child you should give him/her the same access you would the natural parent. _6. Privileged communication and confidentiality protect the you from revealing the content of a counseling session even to your supervisor. ,7. You need not reveal the content of your personal notes in court. _8. Pregnancy should be treated as a ri sk to the student's health and welfare and reported to the parents immediately. _9. If you suspect a parent of abusing a child, you should attempt to verify the facts before contacting Children and Youth Services. _10. When a student reports that they were sexually abused by a noncustodial relative, during the summer, in another state, you are not obliged to report. _11. If a teacher asks you to serve as a witness to a strip search, you should refuse, even though school policy permits such searches. _12. If a parent insists that you not work with their child, you are within your rights to refuse. _13. When an agency caseworker contacts you and asks you to comment about a student, you must obtain parent permission first. _14. When you arrange drug and alcohol services for a student, with an outside agency, you may tell the parent even though the child has requested that you not do so. ,15. If a student complains of sexual harassment by another student, you are under no legal obligation to intervene. _16. If you hear a rumor that a student has expressed suicidal thoughts, you should report that information to the parents even though you lack first hand knowledge. If your score was 14-16 you are the equal of Johnnie Cochran. 11-13 you are the equal of Judge Judy. 8-10 you are the equal of your school solicitor. 5-7 you are the equal of your school administrator. 0-4 you are a law suit waiting to happen. DEFINITIONS IN LEGAL AND ETHICAL ISSUES LAW VERSUS ETHICS The distinction between law and ethics is clear and simple. Laws are created through some form of governmental action and include the following: a. Statutorylawwhich is enacted by a legislative body such as the Pennsylvania General Assembly or Federal Congress. b. Case law which is created by decisions of the courts interpreting existing statutory law. While case law is not supposed to be original, it often goes beyond the intent of the legislature that framed the statute. C. Regulatory law is promulgated by an administrative arm of government such as a Department of Education or other agency. All three types of laws can be equally binding. On the other hand, ethics statements represent a consensus of opinion within a profession as to best practices. They are not binding in any legal sense and never supersede law, however, where clear legal precedent does not exist, ethical statements provide guidance to the professional and are often accepted by the courts as appropriate defenses from liability. KINDS OF LIABILITY Typically pupil services administrators will find themselves charged with a tort (civil) rather than a criminal act. Most commonly tort liabilities fall into three categories: a. Negligence which implies a lack of care under the circumstances. An example would be failing to contact a parent concerning a situation which threatens the welfare of the client. b. Malicious in tent which indicates the act was done deliberately and that the negative consequences could be foreseen. An example would be sharing a students records with others who have no compelling interest in that information so as to hold the client up to ridicule. C. Constitutional which involves the violation of someone's constitutionally granted rights. An example would be giving a client only one alternative to choose from in a crucial situation thereby denying them the right of informed consent. When faced with tort liability there are certain steps that should be followed. First and foremost being obtaining legal representation. This can in turn raise other issues such as the district's unwillingness to provide a defense or the insurer's attempt to avoid liability for any penalties. C DEFENSE STRATEGIES There are three types of defense that may be attempted when dealing with a tort charge: a. Good faith is the most common and the most reasonable for most situations. You merely stand upon the fact that you tried to do what you thought was right under the circumstances. If you are able to support that with ethics statements from a professional association, the opinions of colleagues in the field, or policies and procedures adopted by the governing board of your school district you will be in a strong position to obtain a dismissal of the charges. b. Assumption of risk indicates that the client (or their parents in the case of younger children) have assumed responsibility for the risk. For example a parent may have signed a permission form for a student to participate in a certain activity. By itself the signed form will not be sufficient protection. It must be shown that the situation was clearly explained to the parent and that the incident raised in the suit was foreseeable in terms of the information made available. This defense has certain weaknesses in the sense that "let the buyer beware" is usually not acceptable in education settings. It tends to give the impression that the educator is trying to avoid responsibility by pointing their finger at someone less well-prepared to make judgments as to the appropriateness of the service being provided. The issue of the age and competence of the individual to assume risk will certainly be considered. C. Contributory negligence takes the approach that even though the educator may be liable, the injured party is also partially responsible because their actions contributed to the problem. This is the weakest sort of defense and would be a most unlikely strategy in an educational setting. IMMUNITY Virtually all states have an immunity act pertaining to educators and other local government employees. The degree of protection provided by these laws vary greatly from state to state. In a majority of cases the immunity from liability is broad indeed, extending to any actions except operation of a motor vehicle or negligence in care of equipment. The immunity regulations generally limit the awards that can be assessed by a court against a district or staff member. One loophole in the immunity tends to be where a person has acted outside the scope of their job description. By doing so the employee invalidates their immunity and opens themselves up to suit. PROTECTIONS The protections afforded to school employees differ from state to state, but in general include the following provisions: IV a. Umbrella coverage by the district's insurer as long as the individual is acting within the scope of their employment. b. Legal defense at no cost to the employee. C. Due process as far as any actions the district might take independent of those related to the court trial. It should be noted that a school district governing board may take action against an employee even though that person has been absolved of liability by a court. d. An obligation to pay the employee's salary even while they may be on suspension pending an investigation. AVOIDING LIABILITY There are three steps that should be taken to avoid liability. These constitute common sense actions, but are often overlooked due to the pressure of multiple responsibilities: a. When in doubt as to what action should be taken ask for advice from a supervisor. This can be an important point in one°s favor should charges ever be lodged for a certain action. b. Keep good notes on any potentially explosive cases including names, dates, times and key decisions. C. Stay current on legal decisions that may affect you professionally rather than relying on others to do so for you. (SI The following items have been excerpted from the Counselor Insurance News, March 1993 Edition. TEN HELPFUL HINTS FOR DA1R1 APPEARANCES The following hints are not all applicable specifically to school counselors and should be considered in that light. 1. Always fully inform your supervisor of any court appearances or legal matters in which you are involved if they are job related. 2. Ask any questions you have of any participant or court official. Let the attorney, judge, sheriff or clerk decide whether your question is appropriate. Do not hesitate to ask. 3. Be sure you have exact times, date, sequence of events, and conversation clear in your mind before you talk to an attorney, and certainly before you testify in court. If your memory is not clear concerning a specific fact, simply state that fact. It is important, however, that you know what you do and do not remember. 4. Be prepared to defend your credentials and experiences if you agree to serve as an expert witness. Be sure you understand the objective role of an expert witness. Only professionals who are specifically qualified in a given area should agree to be expert witnesses. 5. Generally, you should not voluntarily agree to testify for a client. If you do, be sure to take into consideration the enormous amount of time you might be obligated to invest. Be sure your practice can afford that time or that your employer agrees to release you. Make fee arrangements, if appropriate, before you agree to testify. 6. If you feel your testimony might violate your ethical obligation of confidentiality to your client and your client does not want you to testify, advise your client to see an attorney to determine whether your testimony may be blocked because of confidentiality or privileged communication. 7. Hire an attorney to represent you (or ask your employer to provide one) if you feel your rights are being violated by the legal proceeding. 8. Insist on having a face-to-face conversation with the attorney who is representing the side that will be helped by your testimony long before the actual court date. 9. Ask the attorney to go over questions that you will be asked and to predict questions that might be asked by the other side. 10. If a court date is inconvenient for you, tell the attorney or court clerk. Changes often can be arranged if advance notice is given. 9 The items listed below include some recommendations for avoiding lawsuits. This list should not be considered all inclusive. 1. It is important to avoid relationships of any type with a client outside the one of counseling. 2. Clients need to have realistic expectations. Therefore, it is important to provide pretreatment guidelines about the counseling role. Sometimes the client needs to know what not to expect as well as what to expect. 3. Progress notes need to be carefully completed. If an action is filed and the judge approves, notes may be shown in court. 4. Noting a consultation with a colleague on a difficult aspect of counseling situations that may arise from time to time is a way to document an extra measure of care. 5. It is wise to avoid personal criticism of a client in the progress notes. 6. Particular care is needed to develop any history of violent or threatening behavior. 7. Notes should document the effort to treat the main problem. It is advisable to thoroughly record reasons when concluding a client is not violent. 8. Never, never change records after a claim has been made. 9. Avoid physical contact with clients beyond a handshake or an occasional hug. 10. Maintain confidentiality at all times unless required by law to reveal information. 11. Do not allow clients to accumulate unreasonable bills. 12. Know as much as possible about the people you are supervising. 13. Review your ethical and professional standards, and be sure to maintain them. (7) 1. Notify your insurance company or insurance administrator without delay. (This applies if you have been served, threatened with a claim or lawsuit, or have become aware of a circumstance or incident that may lead to a claim or lawsuit). 2. Notification should be in writing and include all factual information describing the incident for which you are being sued (names, addresses, times and dates, a copy of the actual suit papers, if applicable, or claim/ demand letters and pertinent records). 3. Alleged claims should not reveal names and addresses, or notes, except to the appointed attorney. 4. Do not discuss the case with anyone (without the consent of your attorney), and do not admit negligence to anyone. 5. If contacted by an injured party or an attorney, get his or her name and telephone number and tell him or her that the appropriate person will respond to the inquiry. I- I IN QA) 1 0 STEPS FOR DEALING WITH HOSTILITY 1. Act Delighted To Meet The Person 2. Taping Is Okay If It Works Both Ways 3. If You Are Nervous Request That A Supervisor Sit In 4. Know Your Own Program 5. Hostility Will Gain You Nothing 6. Think Before You Speak 7. Never Question The Other Person's Sincerity 8. Role Play Potential Confrontations 9. Never Permit Vulgarity 10. Write Down What Was Said Afterward 00 MODEL LETTER BASED ON THE HATCH ACT NOW BEING SPREAD AMONG PARENTS THROUGHOUT THE COUNTRY Dear: I am the parent of who attends/attend Under United States law, based on well recognized legislation and court decisions, parents have the primary responsibility for their children's education and pupils have certain rights which schools may not deny. Parents have the right to assure that their children's beliefs and moral values are not undermined by the schools. Pupils have the right to have and to hold their values and moral standards without direct or indirect manipulation by the schools through curriculum, textbooks, audiovisual materials or supplementary assignments. Accordingly I hereby request that my child/children be involved in no school activities listed below unless I have first been given the opportunity to review all of the materials to be used and have given my written approval for their use: Psychological and psychiatric examinations, tests, or surveys that are designed to elicit information about attitudes, habits, traits opinions, beliefs, or feelings of an individual or group. Psychological and psychiatric treatment that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group. Values clarification, including use of moral dilemmas, discussion of religious or moral standards, role playing, or situations involving moral issues, open-ended discussions of moral issues and survival games including life/death decision exercises Cthis would include all or any aspects of the Do-So Program or Quest Program. Education pertaining to alcohol and drug abuse. Death education, including abortion, euthanasia, suicide, and use of violence. Instruction in nuclear war, nuclear policy, nuclear classroom games. Antinationalistic, one-world government or globolism curriculum. Education and interpersonal relationships, including family life, discussions of attitudes toward parents, and parenting. Education in human sexuality, including premarital sex, extra- marital sex, contraception, abortion, homosexuality, group sex and marriages, prostitution, incest, masturbation, bestiality, divorce population control, roles of males and females. Pornography and any materials containing profanity and/or sexual explicitness. 06) Guided fantasy techniques. Hypnotic techniques. Imagery and suggestology. Witchcraft and the occult, including horoscopes and zodiac signs. Organic evolution, including the idea that man has developed from previous or lower types of living things. Political affiliations and beliefs of student or family. Personal religious beliefs and practices. Mental and psychologic problems potentially embarrassing to the student or family. Sex behavior and attitudes of student or family. illegal, antisocial, self-incrimi noting and demeaning behavior. Critical appraisals of other individuals with whom the student has close family relationships. Legally recognized, privileged and analogous relationships such as those of lawyers, physicians and ministers. Income, including the student's role in family activity and finance. Hon-academic personality tests. Questionnaires on personal life, views and family. Log books, diaries, personal journals, and autobiographical assignments. Sociograms. Contrived incidence for self-evaluation. Sensitivity training, including group encounter sessions, group contact sessions, talk-ins, magic circle techniques, self- evaluation and outocriticism. Strategy specifically designed for self-disclosure, e.g., the zigzag technique. Blindfold walks. Isolation techniques. Psychodrama and sociodroma. Do-So Curriculum, Pumsy. Quest Program. Many of the classroom practices and materials listed above are federally funded in whole or in part and are in use in schools throughout the United States. Such federally funded activities may be subject to regulation for the Protection of Pupil Rights or so called HATCH Amendment to the General Education Provisions Act, which became effective on November 12, 1984. Under the law, no student shall be required apart of any program administered by the U.S. Deportment of Education to submit without prior written parental consent to psychiatric or psychologic examination, testing, or treatment in which the primary purpose is to reveal information on specific sensitive areas. Full details of the regulations are contained in the Federal Register for September 6, 1984. These federal regulations provide a procedure for the filing and reviewing of complaints. Alleged violations should first be filed by parents at the local and state level. If the matter is not satisfactorily resolved there, then the complaint should be filed with Leroy Rooker, Director of Students' Rights, Testing and Privacy, 400 Maryland Circle Avenue Southwest, Washington, DC 20202. At the federal level, provisions are made first for a voluntary remedy. If that fails, federal funds will be withdrawn from a school system or other contractor determined to be in violation of the law. The purpose of this letter is to preserve my parental responsibility and my child's/children's rights under United States low based on legislation and court decisions. I respectfully ask you to provide me with a substantive response to this letter, notify the relevant teachers of my request for review and written permission procedures, and arrange to have a copy of this letter placed and kept in my child's/children's placement file. Thank you for your cooperation, Sincerely, (f ) LEGAL AND ETMICAL ISSUES FOR PUPILSERVICESADMINISTRATORS TROLE OF CONTENTS Introduction A. Differentiating Between Ethics and Law 0. Solicitors' Opinions C. Defining Laws Within and Among States D. Jurisdiction in Court Decisions E. Tort Liability and Defense F. Ministerial u. Discretionary Acts Section 1 - Administrative Issues A. Offering Testimony in Court (6/94) B. Educational Malpractice and OBE (12/94) C. Dual Relationships Between Staff and Students (3/95) 0. Rights of Parents to Disit classrooms (9/95) E. Staff Termination (9/95) F. Scope of Employment and Deep Pockets Syndrome (9/96) 6. Removal of Staff Members' Certification (6/97) H. Willful Neglect Finding Reversed (9/97) 1. Arkansas Law a Model for Pupil Services (9/98) J. Interviewing Rpplicants (9/99) K. Odds of an Administrator Being Sued (and Losing) 12/99 L. Protection from Frivolous Lawsuits (9/82) Section 2 - Guidance Services A. Ethical Standards of the American School Counselors Association (6/98) 0. Reporting Suicidal Ideation to Parents: The Eisel Case (6/94) C. Responding to Sexual Harassment Allegations (12/95) 0. Counseling on Abortion (9/99) E. College Board Scores Contested (9/96) F. Threats by Students (12/96) G. Serving as a Witness (3/97) H. The BCH Legal Series (6/97) 1. What the Heck Is New Age Methodology? (9/98) J. Counselor Whistle Blower Sues for Reprimand (12/98) K. Are Counselors Liable for Bad Advice? (6/03) L. Testing Private School Students for Mastery (3/99) M. Counselor Participates in Strip Search: Gets Burned (3/99) N. Report Rbuse, Don't Rnalyze It (3/99) D. Replacing Counselor with Contracted Service a No-No (6/00) P. Counselor Narrowly Escapes Discipline in Child Rbuse Case (12/02) Q. Counselor Dismissed for Refusing to Name Pregnant Students (6/03) Section 3 - Health Services R. Immunization (12/94) 8. Rdministering Medication (3/95) C. HID/RIDS Issues in the Schools (9/95) 0. Condom Distribution (12/98) E. Liability for the Effects of Uaccination (Revised 9/97) F. Rbortion Rights Limited (12196) 6. Immunization Revisited (3/97) H. Must a District Rdminister Medication (9/98) 1. RIDS Education Decision Cannot Be Contested (3/99) J. Scoliosis Screening Brings Rction (12/99) K. Tuberculosis Creates Duty to Warn (12/99) L. Possession and Self Administration of Rsthma Inhalers (6/00) M. Drug Test Results Not Protected by Medical Records Provisions (3/01) N. Guard Those Meds! (9/81) a. Immunization Exemptions Based on Religious Belief (12/02) Section 4 - Psychological Services R. The Hatch Rct: Toothless Bogeyman (6/94) 0. When a Psychologist's Personal Notes May Not Be Confidential (9/94) C. Ethical Standards of the Rmerican Psychological Rssociation (6/95) Section 5 - Social Work/Rttendance Services R. Home Schooling issues (9/94) 8. Residency Requirements (12/95) C. Battles Case May Rffect Home Schooling (12/95) D. Discipline for Rttendance Purposes Requires Procedural Protection (6/96) if E. The Difference Between Residence and Domicile (6/96) F. Toughening Rttendance Laws (9/96) G. Court Upholds District Right to Charge Nonresident Tuition (Revised 6/99) H. Truancy Can be Used to Void Home Schooling (9/97) 1. Education Rights of Illegal Rliens (12/97) J. Orientation Tied to Enrollment (12/97) K. Rights of Home-Schooled Students to Rttend Classes (6/98) L. Who Pays When Non-Resident Students Rttend Treatment Programs (9/98) M. Religious Exemption Denial Proper (3/00) N. Residency Fraud Case Resolved in District's Favor (6/00) 0. District Has Immunity for Citing Wrong Parent (9/001 P. Open Enrollment Must Be Equitably Rdministered (9/00) Q. The Importance of Following Your Own Rttendance Policy (12100) R. Owning Property Does Not Establish Residency (9/01) S. Noncustodial Parent Can't Uisit Child in School (6/02) T. Disciplinary Problems in Non-Public School May Not Be Used to Deny Enrollment (6/02) U. Release of Student to Noncustodial Parent Upheld (6/02) Section 6 - Special Education R. I.E.P. Development and Program Placement (Revised 6/99) B. Suspension/Expulsion of the Exceptional Child (3/95) C. The Cordero Case (6/95) 0. When Must a District Pay for a Private Evaluation (9/95) E. Stay-Put Provisions for Non Identified Students (3196) F. The Oberti Case: Requirements for Full Inclusion (6/96) 6. Rwarding Damages for Violations of IDER (12/96) H. Difference Between Gifted and Handicapped (3/97) 1. Related Services in Private Schools (6/97) J. Feds Power to Withhold Funds Limited (9/97) K. Private Evaluation Required in Light of Oral Contract (12/97) L. Gifted Student Not Entitled to College Tuition (12/97) M. Constructive Knowledge (3/98) N. Transition Services (6/98) 0. Failure to Provide Transition Services Leads to Problems (9/98) P. Effect of Parental Hostility on Special Education Decisions (12/98) Q. Parents Cannot Represent Children In IDER Suits (3/99) - iii - l4 R. Signed Rgreement Ends Due Process (3/99) S. Recovery of Attorney's Fees (3/99) T. Parents Fail to Prevail Despite Hearing Win (9/99) U. Stay Put and Rttorney Fees Cloud Issue (3/00) U. Hippotherapy at Issue in FRPE Case (3/00) W. Lay flduocates May Not Represent Parents (6/00) H. Change of Building Not a Change of Placement (9/00) Y. Misbehavior Not Manifestation of Disability (9/00) Z. Rdministratiue Remedies Must Be Exhausted (12100) RR. Can Stay Put Provisions Be Rpplied Rcross State Lines? (12/60) CC. Does IDER Rpply to Summer School (3/01) DD. Showing Restraint (6/01) EE. IDER Does Not Permit Student to Graduate Without Completing IEP (6/01) FF. Joint Custody Issues (9/01) 66. Failure to Exhaust Rdministratiue Remedies (12/01) HH. Supreme Court Defines "Prevailing Party" for Rward of Attorney's Fees (12/01) II. OUR Held to Cover Depression 3/02) JJ. When Does the Evaluation Clock Start? (6/02) KK. Out-of-State Student Must Submit to Testing (6/02) LL. Complaint Resolution Procedures and the Rward of Rttorney's Fees (9/02) MM. Know or Should Have Known for Nonidentified Student (12/02) NN. Carelessness Renders School Liable for Sexual Rssault (6/03) 00. Parental Preferences Do Not Determine Appropriate Curriculum (6/03) Section 7 - Student Rssistance/Preuention Education A. Responding to Requests for Waivers of Student Participation in Prevention Education Programs (3/94) D. Issues in Student Assistance for Exceptional Children (6/94) C. Confidentiality of Student Rssistance Team Records (9/94) D. District Obligations in Suicide Preuention (3/96) E. Pregnancy and Free Speech Not at Issue in Case. (12/97) F. When Is a Drug Not a Drug? (12/97) G. Drug Rssessm ent Upheld (3/98) H. Court Recognizes No Special Duty to Protect in Suicide Case (6/99) 1. District Liability in Suicide Cases Remains Unclear (12/99) -iv- f6 J. Suspension for Suicidal Ideation Upheld (9/0l) K. Drug-Sniffing Dog a Uiolation of Unreasonable Search and Seizure (3/82) L. Random Nicotine Testing Not Rppropriate (9/02) M. Parents Suicide Claim Fails (12/02) N. 1100 Mile Bus Ride Too Much for Court (3103) Section 8 - Student Rights and Responsibilities R. Right to Protection from Harm (9/94) 0. Use of Drug Dogs (3/98) C. Student Sexual Harassment (Revised 9/96) 0. Mandatory Community Seruice (3/96) E. Weapons Prohibition (3/96) F. More on Weapons Uiolations (6/96) G. Student Searches Condoned (9/96) H. When IDER Can Be Cited to Prevent Expulsion of Non-Identified Students (12/96) 1. Sexual Rbuse Issues (12/961 J. What Constitutes a Weapon (3/97) K. District's Liability Limited in Teacher Rbuse Cases (6/97) L. Harassment of Gay Students (9/97) M. Notice of Harassment Required (9/97) N. Student Search Lawful (12/97) 0. More on Harassment: Know or Should Have Known (9/99) P. Laying Hands on a Student Not Necessarily Corporal Punishment (3/99) 4. Riternatiue Education Is Not Expulsion (6199) R. Schools Not Rgents of Police Court Rules (6/99) S. Nicknames Not Protected (9/99) T. Incarcerated Students' Right to Education Limited (12/99) U. Fairness Not an Issue in Drinking Case (3/00) W. Miranda required When Police Participate (6/00) H. Free Public Education for Expelled Student (6/00) V. T-Shirt Not Protected by Free Speech Provision (9/00) Z. Decision Clouds Rlready Cloudy Picture (9/00) RR. Deliberate Indifference Leads to Hostile Environment (Revised 9/61) BB. Priuacg Claim Fails (12100) CC. Bullying Not Seen as Uiolation (3101) DD. Whither Zero Tolerance (3/01) EE. Expulsion Cannot Be Used to Deny Students Credits or Diploma (9/02) FF. Board Rcts Precipitously in Expelling Student (12/01) 66. Strip Searches Wrong But No Penalty (12/01) -v- f7 HH. Expulsion Cases Dominate 2001 Court Dockets (3/02) 11. Harassment Case Results in Reduced Judgment (6/02) JJ. Verbal Intimidation Not a Constitutional Violation (6/02) KK. Columbine Memorial Restrictions Upheld (9/02) LL. Student Journal Writings May Constitute Threat (12/02) MM. Sexual Harassment and the Kindergarten Child (3/03) Section 9 - Student Records/Confidentiality 0. Confidentiality of College Recommendations (3/94) 0. Withholding of Transcripts by School Entities for Nonpayment of Bills (3/94) C. Release of Student Directory Information to Military Recruiters (9/94) 0. Supervision and the Limits of Confidentiality (6/95) E. Disclosing Grades Without Permission (12/96) F. Teacher Recommendations for National Honor Society Membership (3/97) 6. School Board Members' Rights to Confidential Information (3/97) H. Disclosing Names of Student Complainants (9/97) 1. Rccused Rapist Claims Privacy Rights Violated (6/99) J. School Sued for Disseminating Parent Letter (9/99) K. Form Raises Key Considerations (12/99) L. How Broadly Can You Interpret an Educational Record ? (3/02) M. Revealing Bullies' Conduct to Parents of Victims (6/01) N. Ononymous Survey Does Not Violate FERPR or Hatch Oct (12/01) 0. Pregnancy and Privacy (9102) P. Student Records Not Ruailable Under Freedom of Information Oct (12102) D. Noncustodial Parent Has Right to Records Not to Educational Decision Making (3/03) R. Federal Law Preeminent Over State Law (3/03) Section 10 - Miscellaneous Related issues R. References for Education Law (12/94) B. How Deeply Can the School Intrude Upon Family Rffairs (12/94) C. Videotaping for Safety (12/95) D. D.C. Withdrawal from Homeless Program Upheld (12/95) E. Expanding the School's Duty to Protect (6/96) F. Creativity or Obscenity (9/96) 6. Recovered Memories: R Dangerous Concept (12/96) -ui- 18 H. State Rssessm ent Tests Open to Parents (12/98) 1. Commingling of Laws Not Rcceptable (9/97) J. Parents' Right to Punish Limited (12/97) K. Protecting Children in Custody Disputes (3/98) L. Ruailable Books on Education Law (9/98) M. Educational Malpractice: R Non-issue (3/00) N. Dealing with Hostility (3/00) 0. State Rssessment Can Be Used for Graduation (3/00) P. How To Promote Parent Involvement (12/00) Q. Parents Harassing You? Get a Restraining Order (3/02) R. Custody issues - Guidelines (3/01) S. Crossing the Road: Who's Responsible (6/01) T. Protecting Foreign Exchange Students (6/01) U. Defining Educational Malpractice (9/01) U. Popular Magazine Encourages Parent Rctiuism (3/02) W. Rdministrators Punished for Uiolating State Testing Instructions (9/02) H. Graduation Tests Challenge Dismissed (9/02) Y. School Not Required to Inform Noncustodial Parent (12/62) 7. No Child Left Behind and the Pupil Services Rdministrator (3/03) RR. State Found in Violation of Homeless Students' Rights (3/03) BB. No Child Left Behind: R Lawyer's Dream or Nightmare? (6/03) CC. Rnchor Items on State Tests May Be Confidential (6/03) - vii - U9 LEGAL AND ETHICAL ISSUES FOR PUPIL SERVICES ADMINISTRATORS Title: When a Psvchologist's Personal Notes May Not Be Confidential Section: Psychological Services Code: 4_13 Status: X New -Replacement Date: Sent.30.1994 Summary of the Issue Two recent court actions in widely different parts of the country have determined that instances exist when a school psychologist may be required to break confidentiality. The key facts of the cases are dissimilar, but the outcome, a weakening of traditional strictures of confidentiality, is the same. In the first case, a Pennsylvania teacher was accused of abusing a student and the parents brought suit. The district, in an effort to gather information relating to the degree that the child had been affected by the incident requested that a school psychologist examine the child and prepare a report describing the child's state of mind and the ongoing effects of the abuse. The parents requested a copy of the personal notes made by the psychologist, which was refused on the basis that the Family Educational Rights and Privacy Act granted a right of confidentiality to those notes. The court ruled that the psychologist must reveal his notes because he was not acting as a therapist or counselor to the student, but merely gathering information for use by the district in defending itself against a lawsuit. In the second case, a Washington state elementary student had been examined by a school psychologist and found to have serious emotional and behavioral problems that led to a placement in a special education program. At a later date, another student revealed he had been sexually assaulted by the first child in the school restroom. The parents sued and requested a copy of the official psychological report on the perpetrator. The school refused on the basis that the child's records were confidential and could not be revealed without permission from his parents. The court ordered the district to release the report so that it could be determined if the district should have anticipated the threat posed by the special education student and might be shown to have been negligent in his supervision. Analysis While these cases do not diminish the rights to confidentiality that have been granted to school psychologists and other helping professionals, they do point up the limits that exist for such confidentiality. As with most educational issues there are no absolute true or false answers to questions of confidentiality. It has been suggested by some that by not revealing the existence of t the court can infer with reasonable the first instance could have been avoided le psychologist's personal notes, however, certainty that notes would have been 4.13.1 9 made in this case and could be expected to hold the psychologist in contempt if said notes were not forthcoming. The key finding in this case was the lack of a therapeutic relationship between counselor and student. This was a unique set of circumstances, which will not set a serious precedent for future challenges to confidentiality. The second case is more troubling. School districts have always defended the right to confidentiality of special education records with special vigilance. It would seem that the negligence or lack thereof of the school administration should not hinge on the content of the psychologist's report. It would have been more reasonable to suggest that the judge review the records and make a personal determination as to whether the report or any part thereof was germane to the case. The district and/or parents of the accused child might have appealed on this basis. 4.13.2 (211 LEGAL AND ETHICAL ISSUES FOR PUPIL SERVICES ADMINISTRATORS TitJ.e: - Reye_aling Bullies' Conduct to Parents of Victims Section: Student Recordc and on +den i Nty Code: IM Status: XNew -Replacement Date: Tune 1S 00 Summary of the Issue A Utah case, Jensen et al. v. Reeves et al., focused on the question of whether school staff have the right to notify parents when their children have been choe viccros of bullying and harassment. In parricular, could they reveal the name of the perpetrator to the parents. In this case, an elementary school child was disciplined for verbal and physical abuse of classmates. The parents of the victims and of other children who served as witnesses received a written summary from the school indicating what steps had been taken to follow up on the complaints. The perpetrator's parents sued the district and the principal specifically for violating their constitutional rights to privacy and confidentiality. Among others, they cited the Family Educational Rights and Privacy Act (FERPA) which forbids release of educational records without parental permission. The federal district court found in favor of the school staff and the parents appealed. The 10th Circuit Court in the final analysis found that the memo dad not constitute an educational record as defined under FERPA. The question of whether the witnesses' parents should have received the memo as well as those of the victims was moot because no educational record was involved. The court affirmed the district's right to keep parents informed as a deterrent to future harassment. A an_ lysis The Family Educational Rights and Privacy Act provides very clear definition as to exactly what an educational record is. Attempts to broaden that definition Have so fat failed. As long as districts exercise reasonable discretion in what they reveal (for example, in Jensen, the district's memo did not discuss what actions had been taken to punish the perpetrator) and do not disseminate information beyond the boundaries of those directly involved in an incident, they should not find themselves in legal problems. Courts have taken a strong stand against harassment and bullying even among very young children. Any actions by a district which can be construed as limiting or preventing such misbehavior is likely to find favor with the courts. 9.M.1 (a ETHICAL STANDARDS FOR SCHOOL COUNSELORS American School Counselors Association and Pennsylvania School Counselors Association PREAMBLE The American School Counselors Association and the Pennsylvania School Counselors Association are professional organizations whose members have a unique and distinctive preparation, grounded in the behavioral sciences, with training in counseling skills adapted to the school setting. The school counselor assists in the growth and development of each individual and uses his/her specialized skills to ensure that the rights of the counselee are properly protected within the structure of the school program. School counselors subscribe to the following basic tenets of the counseling process from which professional responsibilities are derived: 1. Each person has the right to respect and dignity as a unique human being and to counseling services without prejudice as to person, character, belief or practice, regardless of age, color, disability, ethnic group, gender, race, religion, sexual orientation, marital status or socioeconomic status. 2. Each person has the right to self-direction and self-development. 3. Each person has the right of choice and the responsibility for goals reached. 4. Each person has the right to privacy and thereby the fight to expect the counselor-client relationship to comply with all laws, policies, and ethical standards pertaining to confidentiality. In this document the American School Counselor Association has specified the principles of ethical behavior necessary to maintain and regulate the high standards of integrity, leadership and professionalism among its members. The Ethical Standards for School Counselors were developed to clarify the nature of ethical responsibilities field in common by its members. As the code of ethics of the association, this document establishes principles that define the ethical behavior of its members. The purposes of this document are to: 1. Serve as a guide for the ethical practices of all professional school counselors regardless of level, area, population served, or membership in this professional association. 2. Provide benchmarks for both self-appraisal and peer evaluations regarding counselor responsibilities to counselees, parents, colleagues and professional associates, schools and community, self, and the counseling profession. 3. Inform those served by the school counselor of acceptable counselor practices and expected professional behavior. A. RESPONSIBILITIES TO STUDENTS The professional school counselor: a. Has a primary obligation and loyalty to the student, who is to be treated with respect as a unique individual. b. Is concerned with the educational, career, emotional and behavior needs) and encourages the maximum development of each counselee. c. Refrains from consciously encouraging the counselee's acceptance of values, lifestyles, plans, decisions, and beliefs that represent the counselor's personal orientation. d. Is responsible for keeping abreast of laws regulations or policies relating to counselees and strives to ensure that the rights of counselees are adequately provided for and protected. A.2 Confidentiality The professional school counselor: a. Informs the counselee of the purposes, goals, techniques and rules of procedure under which she/he may receive counseling at or before the time when the counseling relationship is entered. Notice includes confidentiality issues such as the possible necessity for consulting with other professionals, privileged communication, and legal or authoritative restraints. The meanings and limits of confidentiality are clearly defined to counselees through a written and shared statement of disclosure. f 731 b. Keeps information confidential unless disclosure is required to prevent clear and imminent danger to the counselee or others or when legal requirements demand that confidential information be revealed. Counselors will consult with other professionals when in doubt as to the validity of an exception, c. Discloses information to an identified third party, who by his or her relationship with the counselee is at a high risk of contracting a disease that is commonly known to be both communicable and fatal. Prior to disclosure, the counselor will ascertain that the counselee has not already informed the third party about his or her disease and that he/she is not intending to inform the third party in the immediate future. d. Requests from the court that disclosure not be required when the release of confidential information without a counselee's permission may lead to potential harm to the counselee. e. Protects the confidentiality of counselee's records and releases personal data only according to prescribed laws and school policies. Student information maintained in computers is treated with the same care as traditional student records. I. Protects the confidentiality of information received in the counseling relationship as specified by federal and state laws, written policies and applicable ethical standards. Such information is only to be revealed to others with the informed consent of the counselee, consistent with the obligation of the counselor as a professional person. In a group setting, the counselor sets a norm of confidentiality and stresses its importance, yet clearly states that confidentiality in group counseling cannot be guaranteed. A.3 Counseling Plans The professional school counselor: works jointly with the counselee in developing integrated and effective counseling plans, consistent with both the abilities and circumstances of the counselee and counselor. Such plans will be regularly reviewed to ensure continued viability and effectiveness, respecting the counselee's freedom of choice. A.4 Dual Relationships The professional school counselor: avoids dual relationships which might impair his/her objectivity and increase the risk of harm to the client (e.g., counseling one's family members, close friends or associates). If a dual relationship is unavoidable, the counselor is responsible for taking action to eliminate or reduce the potential for harm. Such safeguards might include informed consent, consultation, supervision and documentation. A.5 Appropriate Referrals The professional school counselor: makes referrals when necessary or appropriate to outside resources. Appropriate referral necessitates knowledge of available resources, and making appropriate plans for transitions with minimal interruption of services. Counselees retain the right to discontinue the counseling relationship at any time. A.6 Group Work The professional school counselor: screens prospective group members and maintains an awareness of participants' needs and goals in relation to the goals of the group. The counselor takes reasonable precautions to protect members from physical and psychological harm resulting from interaction with the group. A.7 Danger to Self or Others The professional school counselor: informs appropriate authorities when the counselee's condition indicates a clear and imminent danger to the counselee or others. This is to be done after careful deliberation and, where possible, after consultation with other counseling professionals. The counselor informs the counselee of actions to be taken so as to minimize his or her confusion and clarify counselee and counselor expectations. A.8 Student Records The professional school counselor: maintains and secures records necessary for rendering professional services to the counselee as required by laws, regulations, institutional procedures, and confidentiality guidelines. /17 2 9 A. 9 Evaluation, Assessment and Interpretation The professional school counselor. a. Adheres to all professional standards regarding selection, administration, and interpretation of assessment measures. The counselor recognizes that computer-based testing programs require specific training in administration, scoring and interpretation which may differ from that required in more traditional assessments. b. Provides explanations of the nature, purposes and results of assessment/evaluation measures in language that can be understood by counselee(s). c. Does not misuse assessment results and interpretations and takes reasonable steps to prevent others from misusing the information. d. Utilize caution when using assessment techniques, making evaluations, and interpreting the performance of populations not represented in the norm group upon which an instrument was standardized. A.10 Computer Technology The professional school counselor: a. Promotes the benefits of appropriate computer applications and clarifies the limitations of computer technology. The counselor ensures that (1) computer applications are appropriate for the individual needs of the counselee, (2) the counselee understands how to use the application, and (3) follow-up counseling assistance is provided. Members of under represented groups are assured equal access to computer technologies and the absence of discriminatory information and values within computer applications. b. Counselors who communicate with counselees via internet should follow the NBCC Standards for Web Counseling. A.11 Peer Helper Programs The professional school counselor: has unique responsibilities when working with peer helper programs. The school counselor is responsible for the welfare of counselees participating in peer helper programs under his/her direction. School counselors who function in training and supervisory capacities are referred to the preparation and supervision standards of professional counselor associations. B. RESPONSIBILITIES TO PARENTS B.1 Parent Rights and Responsibilities The professional school counselor: a. Respects the inherent rights and responsibilities of parents for their children and endeavors to establish as appropriate, a collaborative relationship with parents to facilitate the maximum development of the counselee. b. Adheres to laws and local guidelines when assisting parents experiencing family difficulties which interfere with the counselee(s effectiveness and welfare. c. Is sensitive to the cultural and social diversity among families and recognizes that all parents, custodial and non custodial, are vested with certain rights and responsibilities for the welfare of their children by virtue of their position and according to law. B.2 Parents and Confidentiality The professional school counselor: a. Informs parents of the counselor's role with emphasis on the confidential nature of the counseling relationship between the counselor and counselee. b. Provides parents with accurate, comprehensive and relevant information in an objective and caring manner, as appropriate and consistent with ethical responsibilities to the counselee. c. Makes reasonable efforts to honor the wishes of parents and guardians concerning information that he/she may share regarding the counselee. C. RESPONSIBILITIES TO COLLEAGUES AND PROFESSIONAL ASSOCIATES CA Professional Relationships The professional school counselor: a. Establishes and maintains a professional relationship with faculty, staff and administration to facilitate the provision of optimal guidance and counseling services. The relationship is based on the counselor's definition and description of the parameters and levels of his/her professional roles. b. Treats colleagues with respect, courtesy, fairness and in a professional manner. The qualifications, views and findings of colleagues are represented to accurately reflect the image of competent professionals. c. Is aware of and optimally utilizes related professions and organizations to whom the counselee may be referred. C.2 Sharing Information with Other Professionals The professional school counselor: a. Promotes awareness and adherence to appropriate guidelines regarding confidentiality, the distinction between public and private information, and staff consultation. b. Provides professional personnel with accurate, objective, concise and meaningful data necessary to adequately evaluate, counsel, and assist the counselee. c. If a counselee is receiving services from another counselor or other mental health professional, the counselor, with client consent, will inform the other professional and develop clear agreements to avoid confusion and conflict for the counselee. D. RESPONSIBILITIES TO THE SCHOOL AND COMMUNITY DA Responsibilities to the School The professional school counselor: a. Supports and protects the educational program against any infringement not in the best interests of counselees. b. Informs appropriate officials of conditions that may be potentially disruptive or damaging to the school's mission, personnel and property, while honoring the confidentiality between the counselee and the counselor. c. Delineates and promotes the counselor's role and function in meeting the needs of those served. The counselor will notify appropriate officials of conditions which may limit or curtail his/her effectiveness in providing programs and services. d. Accepts employment only for positions for which he/she is qualified by education, training, supervised experience, state and national professional credentials, and appropriate professional experience. Counselors recommend that administrators hire for professional counseling positions only individuals who are qualified and competent, e. Assists in the development of (1) curricular and environmental conditions appropriate for the school and community, (2) educational procedures and programs to meet the counselee's developmental needs, and (3) a systematic evaluation process for comprehensive school counseling programs, services and personnel. The counselor is guided by findings of the evaluation data in planning programs and services. D.2 responsibility to the Community The professional school counselor: collaborates with agencies, organizations and individuals in the school and community in the best interest of counselees without regard to personal reward or remuneration. E. RESPONSIBILITIES TO SELF 0 EA Professional Competence The professional school counselor: a. Functions within the boundaries of individual professional competence and accepts responsibility for the consequences of his/her actions. b. Monitors personal functioning and effectiveness and does not participate in any activity which may lead to inadequate professional services or harm to a counselee. c. Strives through personal initiative to maintain professional competence and keep abreast of scientific and professional information. Professional and personal growth is continuous and ongoing throughout the counselor's career. E.2 Multicultural Skills The professional school counselor: a. Understands the diverse cultural backgrounds of the counselees with whom he/she works. This includes. but is not limited to, learning how the school counselor's own cultural/racial/ethnic identity impacts his/her values and beliefs about the counseling process. F. RESPONSIBILITIES TO THE PROFESSION F.1 Professionalism The professional school counselor: a. Accepts the policies and processes for handling ethical violations as a result of maintaining membership in the American School Counselors association and the Pennsylvania School Counselors Association. b. Conducts himself/herself in such a manner as to advance individual, ethical practice and the profession. c. Conducts appropriate research and reports findings in a manner consistent with acceptable educational and psychological research practices. When using client data for research, statistical, or program planning purposes, the counselor ensures protection of the identity of the individual counselees. d. Adheres to ethical standards of the profession, other official policy statements pertaining to counseling, and relevant statutes established by federal, state and local governments. e. Clearly distinguishes between statements and actions made as a private individual and as a representative of the school counseling profession. I. Does not use his/her professional position to recruit or gain clients, consultees for his/her private practice, seek and receive unjustified personal gains, unfair advantage, sexual favors, or unearned goods or services. F.2 Contribution to the Profession The professional school counselor: a. Actively participates in local, state and national associations which foster the development and improvement of school counseling. b. Contributes to the development of the profession through the sharing of skills, ideas, and expertise with colleagues. G. MAINTENANCE OF STANDARDS Ethical behavior among professional school counselors, Association members and non members, is expected at all times. When there exists serious doubt as to the ethical behavior of colleagues, or if counselors are forced to work in situations or abide by policies which do not reflect the standards as outlined in the Ethical Standards for School Counselors, the counselor is obligated to take appropriate action to rectify the condition. The following procedure may serve as a guide. 1. The counselor should consult with a professional colleague to confidentially discuss the nature of the complaint to see if he/she views the situation as an ethical violation. 2. When feasible, the counselor should directly approach the colleague whose behavior is in question to discuss the complaint and seek appropriate resolution. 3. If resolution is not forthcoming at the personal level, the counselor shall utilize the channels established within the school, school district., the state SCA and ASCA Ethics Committee. 1 2/l 4. If the matter still remains unresolved, referral for review and appropriate action should be made to the Ethics Committees in the following sequence: • Pennsylvania School Counselors Association • American School Counselor Association 5. The ASCA Ethics Committee fit responsible for educating and consulting with the membership regarding ethical standards. The Committee periodically reviews and recommends changes in the code as well as the Policies and Procedures for Processing Complaints of Ethical Violations. The Committee will also receive and process questions to clarify the application of such standards. Questions must be submitted in writing to the ASCA Ethics Chair. Finally, the Committee will handle complaints of alleged violations of our ethical standards. Therefore, at the national level, complaints should be submitted in writing to the ASCA Ethics Chair, c/o the Executive Director, American School Counselors Association, 801 North Fairfax Street, Alexandria, VA 22314. At the state level, complaints or questions should be submitted to the PSCA Ethics Chair whose name and address appear on page 5 of this directory. H. RESOURCES School counselors are responsible for being aware of, and acting in accord with, the standards and positions of the counseling profession as represented in the documents periodically issued by PSCA and ASCA. For a full bibliography of those documents, contact the PSCA Executive Director. POSITION PAPER ON CRITICAL COUNSELING RELATIONSHIPS In response to recent publicized events involving questionable practices by school counselors, the Pennsylvania School Counselors Association issues the following position statement. It should be clearly understood that this document has been developed to address alleged improprieties by school counselors and does not purport to verify those allegations. In the delivery of professional school counseling services, occasions will arise when the counselor is faced with a situation that could have lasting consequences for the client and yet may not be perceived as life-threatening or creating a level of serious harm to self or others in a legal sense. Examples of the issues that might fit into this category would be sexual activity, abortion, certain drug use, or cult involvement. The following recommendations for best practice in such instances are offered to counselors faced with such concerns. 1. The School Counselor recognizes the right of the child to have confidential counseling services available. Such confidentiality can only be breached at the discretion of the counselor when harm to the client or others is imminent or when an illegal activity may be detected. 2. The School Counselor recognizes the legitimate rights and concerns of parents in matters affecting the welfare of their children. Parent involvement is sought in any serious situation. The counselor should strongly encourage the student to inform the parents and if such cooperation is not forthcoming exercise discretion as to informing the parent, especially when the parents legal rights may be clearly at issue. 3. The School Counselor never applies excessive pressure to a client to act in a certain way. The ultimate choice is not the counselor's. Counseling is a partnership and not a hierarchy. 4. The School Counselor takes responsibility for offering students alternatives rather than one specific course of action. This relates to the previous point in terms that a client must make an 'informed' choice and it is never truly possible for one individual to know what is best for another. 5. The School Counselor does not become involved in handling funds for a client in order to bypass parents or school policy. 6. The School Counselor does not attempt to circumvent the law or to advise a student on how to do so. Even when the counselor disagrees strongly with a law, regulation or policy he/she works to change it not to subvert it. 7. The School Counselor recognizes the need for carefully designed. written policies to govern the delivery of counseling services to children and youth, and participates in the process of creating workable policies to protect the rights of children, their parents, the school system, and the counselors as well. CASE STUDY ,#1 - ETHICAL AND LEGAL DILEMMAS Candy is a 15 year old client whom you are seeing because of family conflicts. Her parents have recently divorced and Candy is having problems coping with the breakup. Eventually, she tells you that she is having sexual relations with her boyfriend. Moreover, she tells you that she's opposed to any birth control devices because they seem so contrived. She assures you that she won't be one to get pregnant. After you've been working with Candy for a few months, she discovers that she is pregnant. Her boyfriend is also 15 and is obviously in no position to support her and a baby. Candy tells you that she has decided to have an abortion, but feels anxious about following through on her decision. How would you respond to the following statements? Mark an A if you tend to agree with the statement and a D if you tend to disagree. 1'd encourage Candy to do whatever she wants to do. I'd encourage her to consider other options besides abortion. I'd reassure her about having the abortion, noting thousands of women make this choice annually. I'd consult with a supervisor or colleague about potential legal implications in this case. I'd attempt to arrange for a family session, to open up communication. _ I'd encourage her to explore all the options and consequences of her decision. I'd inform her parents because they have a right to be a part of the decision making process. I'd refer Candy to a family planning center and encourage her to seek abortion counseling to help deal with her guilt and ambivalence. _ Pd pay particular attention to helping Candy clarify her values system and I'd be sensitive to her religious and moral values and the possible implications for her choices. I'd refer Candy to another professional because of my opposition to abortion. ____ I'd tell Candy that I am personally opposed to/in favor of abortion, but that I want to remain her counselor through this difficult period and will support her in her decision. I would reprimand Candy and tell her I knew this was going to happen. I would check out the legal issues concerning a 14 year old having sex. (Adapted from Corey, Corey and Callanan; Issues and Ethics in the Helping Professions) nic CASE STUDY #Z - ETHICAL AND LEGAL DILEMMAS You are counseling children in an elementary school. Barbara is referred to you by her teacher because she is becoming increasingly withrawn. After several sessions, Barbara tells you that she is afraid that her father might kill her and that he frequently beats her as a punishment. Until now, she has lied about obvious brusies on her body, claiming that she fell off her bicycle and hurt herself. She shows you welts on her arms and back but tells you not to say anything to anyone because her father has threatened a worse beating if she tells anyone. What would you do in this situation? I would respect Barbara's wishes and not tell anyone what I know. I would report the situation to the principal and the school nurse. I would immediately take Barbara home and speak with her parents. I would report the matter to the police. I would ask Barbara why she was telling me about the beatings if she didn't want me to reveal them to anyone else. I would tell her that I had a legal obligation to make this situation known to the authorities but that I would work with her and not leave her alone in her fears. I would conduct a careful investigation into the facts before making a decision. I would follow my district's policy for reporting child abuse. (Adapted from Corey, Corey and Cailanan; Issues and Ethics in the Helping Professions.) 3! RMOURCES POR 13 TIH EC AIL A 1 3GA1 ESSUM ACA Legal Series. Published by the American Counseling Association, 5999 Stevenson Avenue, Alexandria, VA 22304. A 12 volume set of monographs on such topics as court appearances, documentation, serving as an expert witness, confidentiality, malpractice, etc. Appropriate to any professional educator, not just the school counselor. Confidentiality: A Guide to the New Federal Regulations. Published by the Legal Action Center, 153 Waverly Place, New York, NY 10014. A discussion of the federal confidentiality laws pertaining to drug and alcohol counseling situations. Includes a complete reprint of the law. Counselor and the Law, The. Published by the American Counseling Association, 5999 Stevenson Avenue; Alexandria, VA 22304. Case law concerning those issues most relevant to school counseling. Deskbook Encyclopedia of American School Law. Published annually by Oakstone Legal & Business Publishing, P. O. Box 381687, Birmingham, AL 35238- 1687. A compilation of recent court decisions in all areas of education. Chapter 4 entitled Student Rights is perhaps most appropriate to the interests of Pupil Services Administrators. It includes references to attendance, corporal punishment, expulsion and suspension, search and seizure, sexual abuse, and student civil rights. Dual Relationships in Counseling. Published by the American Counseling Association, 5999 Stevenson Avenue, Alexandria, VA 22304. 1S respected professionals address the issues surrounding dual relationships between counselors and clients. Education Law. Published by Casenotes Publishing co., inc., 1640 Fifth Street, Suite 208, Santa Monica, CA 90401. A course outline in education law that serves the dual purpose of providing a summary of up-to-date case law on educational issues and as an instructional guide for graduate courses in education law. It has been prepared jointly by an educator and an attorney. 0 Ethical and Legal Issues in School Counseling. Published by the American Counseling Association, 5999 Stevenson Avenue, Alexandria, VA 22304. An extensive treatment of legal and ethical issues pertinent to the school counselor including confidentiality, access to records, group techniques, and at-risk children. Ethical Standards Casebook. Published by the American Counseling Association, 5999 Stevenson Avenue, Alexandria, VA 22304. Discussion of the application of the ACA Code of Ethics. Handicapped Students and Special Education. Published annually by Oakstone Legal & Business Publishing, P. 0. Box 381687, Birmingham, AL 35238-1687. Legal decisions specific to special education and handicapped issues arranged into nine chapters including the education of the handicapped act, placement, procedural safeguards, private school tuition, related services, attorney's fees, school liability, school district operations, and handicapped discrimination. Issues and Ethics in the Helping Professions, 5th Edition. Published by Brooks/Cole Publishing Co., 511 Forest Lodge Road, Pacific Grove, CA 93950. A comparison of ethical and legal responses to certain situations iu counseling, psychology, social work and health services. Contains many useful case studies to illustrate the issues under discussion. A popular text used in graduate level courses. Legal Notes for Education. Published monthly by Oakstone Legal & Business Publishing, P. O. Box 381687, Birmingham, AL 35238-1687. A 12 page newsletter encapsulating the latest court decisions affecting education. There is usually one or more cases relevant to Pupil Services contained in each issue. Pennsylvania School Laws and Rules Annotated. Published biannually by the Pennsylvania Association of School Administrators, 2579 Interstate Drive, Harrisburg, PA 17110-9602. A compendium of state laws and regulations pertaining to education. This volume is not annotated, but is a verbatim reproduction of those laws and regulations. Pennsylvania School Law Handbook. Published periodically by the Pennsylvania School Boards Association, 774 Limekiln Road, New Cumberland, PA17070-2398. Conveniently structured in a question and answer format which is easy for the lay person to use. It references the most common concerns that are expressed relevant to Pennsylvania school law. 33 School Law Reporter. Published monthly by the Education Law Association, 300 College Park, Dayton, OH 45469. A 16 page newsletter somewhat similar to Legal Notes for Education which contains occasional articles relevant to Pupil Services. About half of this publication is devoted to higher education issues. Special Education and the Handicapped. Published monthly by, Oakstone Legal & Business Publishing, P. O. Box 381687, Birmingham, AL 35238-1687. An 8 page newsletter reporting the latest court decisions and legislation pertaining to special education and other handicapped students. United States Supreme Court Education Cases, 9th Edition. Published by Oakstone Legal & Business Publishing, P. O. Box 381687, Birmingham, AL 35238- 1687. A synopsis of recent Supreme Court decisions affecting education. It is published periodically as an updated edition. 3`F Guidelines -- Custody Issues 5/13/02 2:19 PM Wh#A'3 Now Guidelines -- Custody Issues Meet Out Attorneys Unless one or both of the parties provide a document to Contact Us the contrary, we presume that the custodial parent is the person to whom report cards, notices, permission slips, Special Couasel etc. are sent to, unless the district's policy requires copies Roles to the custodial parent and the non custodial parent. Speaking The custodial parent is the parent with whom the child UnSISOMeaits lives and sleeps, the one who has physical custody, the Upcoming one who assures compulsory attendance, and the one who would be called in an emergency. Seminars P.arg?IOymenr# Unless one or both provide a document to the contrary, we presume that both have shared or joint legal custody, Special Education which is the right to make educational decisions. Pupil Parson sol Regarding access to records, both parties have access, no Law matter what the legal and physical custody situation is, unless a court order specifically precludes access to Administration records. E'l*ma If one parent has been granted sole legal custody, then that is who we deal with, except for allowing access to records. Where legal custody Is joint, we may need to send IDEA notices to both parents, provided that we know where the non custodial parent is located. If we send a permission type form (NORA, Permission to Evaluate) and the custodial parent returns it with a "yes" and no word is heard from the non custodial parent, then we go ahead and do not track that one down. If we get a "no" from one of them, then we ask them to go to the Court to get the decision making process determined; if they don't do that, then we ask for a due process hearing to resolve It. Remember that with custody/visitation situations, the school does not enforce them. Therefore, request to visit during school hours should be denied unless there is a reason (dental appointment, etc;] and we do not agree to "make sure that he doesn't pick the children up." - that is the job of police. http:Ilw ."eetstevens.com/FSLSCS/pupil%20personnei%201"louoil%200esannel%2012WA6 Acn p„Mo 7 .,F 9 ?r budelines -- Custody Issues 5/13/02 2:19 PM What's New \ Meet Our Attorneys \ Contact Us \ Special Counsel Roles \ Speaking Enoaoements_\ Upcoming Seminars \ Employment Law \ Special Education \ Pupil Personnel Law \ Administration \ Home The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation, Copyright © 2002 by Sweet Stevens Tucker & Katz, LLP. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. i 36 Districts May be Liable for Student-on-Student Harassment 5/13/02 2:18 PM What's Now DISTRICTS MAY BE LIABLE FOR Moot Our Atto,raeyx STUDENT-ON-STUDENT Contact us HARASSMENT Special Counsel On May 24, 1999, the United States Supreme Court Roles reversed the decision of the Eleventh Circuit in Davis v. Speaking Monroe County Board of Education, 1999 WL 320808 (U.S.) EnsaSements finding that school districts may be liable for monetary damages arising from student - on - student, or peer, Upcoming sexual harassment. In arriving at its decision, the Court Seminars provided an in-depth analysis of Title IX of the Education Amendments of 1972 and the many responsibilities Empl*y meet Law associated with the receipt of federal funding thereunder. Specifically the Court held that: Special Education A private Title IX damage action may lie against a school Pupil Personnel board in cases of student on student harassment, but Law only where the funding recipient is deliberately indifferent to Administration sexual harassment, of which the recipient has actual knowledge, and that harassment is so severe, pervasive, Home and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school. Thus, "deliberate indifference" Is the test that courts will apply in determining whether a School District may be liable for student - on - student harassment. In Davis, the Court found that the student Lashonda D., had repeatedly communicated to her teachers and principal that a fellow student, G.F., had been verbally and physically harassing her in a sexual manner during a 5 month period, Despite being fully aware of the specific events surrounding the harassment complained of, neither the teachers, principal, not District took any disciplinary action. The Court determined that the District's failure to act under those circumstances amounted to "deliberate Indifference." In light of this decision, and in order to protect your district from successful claims for student - on - student sexual harassment, you should review your Board policies to assure that they prohibit such harassment. Assure that your policy requires the district to act in an immediate and responsive manner to any and all reports of student - on student harassment as they would respond to accusations of employee - on - employee harassment. The district should notlfv the accusinq student that it is investigatinq / 7'4 Districts May be Liable for Student-on-Student Harassment 5/13/42 2:18 PM the allegations of complains of harassment. _ - Districts also must recognize that in pursuing an investigation of harassment, it is essential to remember the due process rights of the accused harasser. In other words, the accused harasser should be confronted with the accusations, given a chance to respond, and told that such conduct, whether admitted to or not, is not acceptable. The meeting and any investigation should be documented. The procedures implementing such a policy should provide for the training and support of your staff in appropriate, immediate, and responsive action. When founded incidents of student = on - student harassment result from the investigation your district must take timely and appropriate action to address the complaint. If you have any questions related to student - on student sexual harassment, contact Jason R. Wiley Jwiley0sweetstevens.com ). What's New \ Meet Our Attorneys \ Contact Us \ Soecial Counsel Roles \ Speaking Engagements \ Upcoming Seminars \ Employment Law \ Soecial Education \ Pupil Personnel Law \ Administration \ Home The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2002 by Sweet Stevens Tucker & Katz, LLP. All rights reserved. You may reproduce. materials available at this site For your own personal use and for non-commercial distribution. All copies must include this copyright statement. Guidelines -- Guidelines for Medical Examinations of Students 5/13/02 2:20 PM What°s Now GUIDELINES -- GUIDELINES A"orneys " Our FOR MEDICAL EXAMINATIONS Contact Us OF STUDENTS Special toads l In light of recent caselaw related to appropriate Roles compliance with comprehensive medical examinations of Speaking students pursuant to Section 1402 of the School Code, the Engagements following is a summary of the relevant law and policy suggestions relating to the medical examination of UpCOMOg students. Seminars Section 1402 of the Public School Code of 1949 requires Employment La every school district in Pennsylvania to provide school-aged children with a comprehensive medical Special Education examination at certain designated times in their academic careers. Specifically, Section 1402(e) states: ?''at?aa?? Pupil Law The school physicians of each district or joint board shall dmin stration make a medical examination and a comprehensive appraisal of the health of every child of school age; Rome (1) upon original entry into school in the Commonwealth, (2) while in sixth grade, (3) while in eleventh grade, and (4) prior to the issuance of a farm or domestic service permit unless the child has been given a scheduled or special medical examination within the preceding four months. The Pennsylvania Depart of Health regulations require that the medical examination pursuant to Section 1402 "shall be conducted carefully and in sufficient detail to command medical respect and to provide an educational experience for the child and his parents." 22 Pa. Code § 23.2(d). Although Department of Health regulations do not enumerate the necessary components of a "detailed" medical examination, its Division of School Health prints two separate forms, the "School Health Record" and the "Private Physician's Report of Physical Examination of Pupil of School Age," which provide some guidance as to the scope of the referenced exams. Those forms contain 3? Guidelines -- Guidelines for Medical Examinations of Students 5/13/02 2;20 PM an identical list of seventeen (17) components for the medical examination for which the physician must determine whether their status is "normal" or "abnormal". Under Section 1407 of the Public School Code, students can have their own family physicians perform the required examination in lieu of the school physical at their own expense, so long as a "Private Physician Report" is completed and submitted to the school district before the scheduled date for the school medical examinations. See, 24 P.S. § 14-1407. The following suggestions are intended to assist school districts in complying with Sections 1402 and 1407 of the Public School Code, while alleviating any confusion or concern regarding the content or scope of the medical examinations. The goal is to keep parents and students informed and to provide avenues for expressing concerns. 1. The school district should provide all students at the end of the school year, prior to the year of the scheduled examination with information regarding the school physical requirement. That information should be provided to parents with the approved state form which a family physician could complete if a physical is done privately. 2. The school district should encourage students and their parents to have their own family physicians perform the required examinations. 3. For those students who do not have their own family physicians perform the required examination, the school district should send home a detailed letter outlining the exact components of the medical examination developed in conjunction with the school physician who will be performing the examination and the Division of School Health's publications entitled "School Health Record" and the "Private Physician's Report of Physical Examination of Pupil of School Age." The letter should also state the identity of the physician and the exact date of the schedule examination. This letter should be sent well in advance of the scheduled examination, should encourage parental attendance during the exam, and should provide parents with a contact person in the event that they have any inquiries or concerns. Any questions about student medical examinations may be directed to Jason R. Wiley (Jwilev@sweetstevens.com ) What's New \ Meet Our Attorneys \ Contact Us \ Guidelines Guidelines for Medical Examinations of Students 5/13/02 2:20 PM Special Counsel Roles \ Speaking Engagements \ Upcoming Seminars \ Employment Law \ Special Education \ Pupil Personnel Law \ Administration \ Home The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright ©2002 by Sweet Stevens Tucker & Katz ALP. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. 0 National Association of Pupil Services Administrators Legal and Ethical Issues Subscription Service What do Green Bay, Wisconsin; Salt Lake City, Utah; and St. Louis, Missouri, all have in common? (They subscribe to the NAPSA Legal and Ethical Issues Service. Shouldn't you?) You are invited to join the hundreds of your colleagues who have already subscribed to the NAPSA Legal and Ethical Issues Subscription Service. Begun in 1994, the service consists of a looseleaf bound collection of analysis sheets which examine recent court cases, state and federal statutes, and model policies and procedures related to the pupil services. The publication is divided into 10 chapters, including Administration, Guidance, Health, Psychology, Social Work, Special Education, Student Records, Student Assistance, Student Rights and Responsibilities, and Miscellaneous. With your initial subscription, at the introductory rate of $75.00 you will receive the binder containing all previous analysis sheets. Each quarter you will receive an average of twelve new pages to add to the collection. Resubscription is at the rate of $60.00 annually. This is the only resource available to you as a pupil services administrator that is exclusively devoted to Pupil Services law. For further information, contact Dr. Robert B. Cormany, Editor, at (717)243-6413 or by e-mail at rcormany@aol.com. ---------------------------------------------------------- NAPSA Legal and Ethical Issues Subscription Form Please enroll me as a subscriber to the NAPSA Legal and Ethical Issues Subscription Service. Enclosed is my check for $75.00 made payable to "NAPSA". NAPSA's Federal Tax Identification Number is 54-1617066. School Address: NOTE: If a purchase order is submitted instead of a check, the cost of the initial subscription will be billed at the rate of $80.00. Mail to: Dr. Robert B. Cormany, Editor NAPSA Legal & Ethical Issues 1883 Douglas Drive Carlisle, PA 17013 E-XHIBIT 7W?THE COURT' OR COMMOW-PEERS OP' CUMFER.-CAMS COUMTY TJM-E COMMO MWE- fT V Of P-EW SYCVAM9-i CORYA. CORMANY Y. ALEXANDRIA C. CORMANY CASENO.01 -17 CIVIL ACTION- L* ra gyF, r c '7 Z5 1 JURYTRIAL DEM?k TDED; ' !MIKE . You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (2o) days after the Complaint and Notice are served by entering a written appearance personally or by attorney and by filing in writing with the Court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed withoutyou and judgement maybe entered against you bythe Court-without further notice for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff. You may lose money or property or other rights importanttoyou. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cum6erlancf County Bar Association Irvin Row Carlsl, PA. 17013 CERTIFICATION OF SERVICE AND NOW, this }\, day of \- 2005, I, Cory A. Cormany foregoing the aforesaid matter knowledgeable a legal pretext, and the Commonwealth of Pennsylvania, hereby certify that I have served a copy of same in person or by the United States Mail at Carlisle Pennsylvania, addressed as follows: C/O Hubert Gilroy Ms. Tina D. Adams 145 Kerrs Road Newville, PA 17241 Mr. Hubert Gilroy Brojous & Gilroy 4 North Hanover Street Carlisle, PA 17013 Mr. Fredrick Green North Western Human Services 33 State Avenue Carlisle, PA 17013 Ms. Karen Lee Big Spring Schools 45 Mt Rock Road Newville, PA 17241 4 Co A. Co ny 1883 Douglas r. Carlisle, PA 17013 J (_, ? ?, ? ? la/ Curtis R. Long Prothonotary Office of the Protbonotarp Cumberfantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 6y - ?10.'s CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573