The URL can be used to link to this page

Home My WebLink About01-4882 THOMAS M. MC CUTCHEON, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.OI -J.lfP~ CIVIL ~1 T~ CIVIL ACTION - LAW CUSTODY JODY I. MC CUTCHEON, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is THOMAS M. MC CUTCHEON, residing at 22 W. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. The Defendant is Jody I. McCutcheon residing at 2994 Wilson Parkway, Harrisburg, Dauphin County, Pennsylvania 17104. 3. Plaintiff seeks custody of the following children: NAME PRESENT ADDRESS AGE Thomas McCutcheon, Jr. 2994 Wilson Parkway, 12 Harrisburg, PA 17104 Dustin L. McCutcheon 22 w. Main Street, 10 Shiremanstown, PA 17011 The children were born out of wedlock. One of the children the subject hereof Dustin is presently in the custody of and Plaintiff who resides at his aforesaid residence, while the other child, Thomas, resides with Defendant who resides at her aforesaid residence. Since birth, the children have resided with the following persons at the following addresses: PERSON ADDRESS DATE 1985 - 1991 Plaintiff & Defendant 121 Evergreen Street Harrisburg, PA 17104 Plaintiff & Defendant 239 Marlette Drive 1991 - Mechanicsburg, PA 17055 1995 Plaintiff & Defendant 15 Portland Street, 1995 - Mechanicsburg, PA 17055 1996 Plaintiff & Defendant 22 W. Main Street, 1996 - Shiremanstown, PA 17011 3/01 Plaintiff (Dustin) 22 W. Main Street, 3/01 - Shiremanstown, PA 17011 Present Defendant (Thomas) 2994 wilson Parkway, 3/01 - Harrisburg, PA 17104 Present The mother of the children, Defendant is Jody I. McCutcheon, is currently residing at 2994 Wilson Parkway, Harrisburg, Dauphin County, Pennsylvania 17104. She is married to Plaintiff. The father of the child, Plaintiff Thomas M. McCutcheon, is currently residing at 22 W. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. He is married to Defendant. 4. The relationship of Defendant to the children is that of mother. The Defendant currently resides with her son, Thomas. 5. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with his son, Dustin. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the said children. 7. The best interests and permanent welfare of the subject children will be served by granting Plaintiff primary physical custody of them because he is better able than Defendant to nurture and care for them and to establish a stable environment in which to live. 8. Each parent whose parental rights to the children has not been terminated and the persons who have physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him custody of the children the subject hereof. DATED: 8/15/01 Respectfully Submitted: JkpJrI HERSCHEL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .) DATED: 8/15/01 / "~ ' /- i / , 'A / / >~ / l/ t?' , /' "'~=~ /-"'~7.:e-;70' !,'.' /{./:I (";'C' . ~ /C-==- ,/../ /' iI" .' .:.'. ''_''' / "f~ v / .i,' .' v // THOMAS M. Me CUTCHEON -' // , /.) 'q. ~ "- ~ 8 0 0 (-') r~ "i! :t;. lJ C:i~: (:: IT~ f' (j'J "- ~ [) -",. -,' ..... :;?C' r...) ~ f'- UJ, <=) ~ -, r:-~ ?v r )~;, , , ~. ~-~ , ,} , '" )>;':..' :;:: :~ ') --.(~ -.., -~ -< rnOMAS M. MC CUTCHEON PLAINTIFF V. JODY I. MC CUTCHEON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-4882 CIVIL ACTION LAW IN CUSTODY ORDER OF COllRT AND NOW, Thursday, August 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa F. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite lOS, Camp HilI, FA 17011 on Tuesday, September 18, 2001 at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevv. Esq.J17 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A ITORNEY AT ONCE. IF YOU DO NOT HA VB AN AITORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 170 I 3 Telephone (717) 249-3166 ~ ~ $ ~ ~ /0-1[-). .~ Z ~ ~ JrJ.j(.fl PX' j!.1- ~ I#;f''? INO , I \ \ I I I I i i }IN(1~~r/)~~\S~N2d . . . 'j.'Sv(n8 ~S .-) I! f _. Ot. id / t E)[I~ r t! , i )..P\i!i".,\ ~ ,.L'~,'! >' SEP 2 12001I'))I'v\ THOMAS M. McCUTCHEON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4882 JODY I. McCUTCHEON, Defendant CIVIL ACTION - LAW CUSTODY INTERIM ORDER OF COURT AND NOW, this JL(f"v\.. day of September, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Thomas M. McCutcheon and Jody I. McCutcheon, shall have shared legal custody of the minor Children, Thomas M. McCutcheon, Jr., born December 4, 1988, and Dustin L. McCutcheon, born April 19, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. s. 9 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Pending further Order of Court or an agreement of the parties, Father shall have primary physical custody of Dustin and Mother shall have primary physical custody of Thomas. On alternate weekends, the Children shall be together in the physical custody of their parents. For instance, on alternating weekends to commence September 22, 2001, Father shall have custody of both children from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; to commence the weekend of September 28, 2001, Mother shall have physical custody of both children from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. The parties shall select a psychotherapist to assess the functioning of the older Child and his adjustment to separation of the parties. Any un-reimbursed expenses associated with the cost of the therapeutic services for this Child and family shall be shared equally by the parties. 4. The parents shall have a joint meeting with the officials at Melrose Elementary School to obtain one consistent report as to the older Child's academic functioning. No. 01-4882 Civil Term 5. The parties shall establish a no-conflict zone for the Children wherein there shall be no discussion of the custody litigation or any changes in the custodial plan in the presence or earshot of the minor Children. The parent shall specifically not use the Children as messengers between them. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall ensure that third parties and/or family members also comply with this provision during his or her periods of custody. 7. The parties shall refrain from making disparaging comments in the presence or earshot of the Children relating to the other parent's choice of partner or paramour. 8. Neither party shall make plans for activities for the Children on the other parent's custodial weekend without that parent's express consent. 9. The parties shall encourage the Children to maintain contact with the non-custodial parent via telephone on a regular basis. Telephone calls between the parties shall be specifically limited to issues related to the care and well-being of the Children. 10. This Order is temporary in nature. The physical custody plan as outlined in this Order simply confirms the status quo and is subject to modification pending further Order of Court or an agreement of the parties. Either party may request to reconvene the Custody Conciliation Conference within sixty days of the date of this Order. It shall be acceptable for this request to be made by letter to the Conciliator. J. Dis!: Mary E. Peters, Esquire, 100 Pine Street, Suite 150, Harrisburg, PA 17108,1225 Hershel Lock, Esquire, 3107 N. Front Street, Hamsburg, PA 17110 ~ C31t.f\ik 'tINVA1ASNN3d MNnOO O!\!\(lH:;8~nO L ~ :ZI ~ld '12 d3S 10 '1:1'\11'01,'''1, 1('" :':1' 'J'() ^ ,J... .\...: ....:......,-",,; .~ I . J DWO-(Jr:I,! . THOMAS M. McCUTCHEON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4882 JODY I. McCUTCHEON, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Thomas M. McCutcheon, Jr. Dustin L. McCutcheon December 4, 1988 April 19, 1991 Mother Father 2. A Custody Conciliation Conference was held on September 18, 2001, with the following individuals in attendance: the Father, Thomas M. McCutcheon, and his counsel, Robert Radabaugh, Esquire, who appeared on behalf of Herschel Lock, Esquire; the Mother, Jody I. McCutcheon, and her counsel, Mary E. Peters, Esquire. 3. The parties were able to reach an agreement only as to an Interim Order in the form as attached. Date 9IJtf hI (j~~ Melissa Peel Greevy, Es ulre Custody Conciliator . I I , , I I I I Richard J. Pierce COURT ADMINISTRAilPR ". - ONE COURTHOUSE SQUARE CARLISLE. PA 17013 , ". - ..... . \). 'f\ "(\01 Harrisburg, P A 17108-1225 --- . ,JAN 0 3 2002 ~ THOMAS M. McCUTCHEON. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4882 JODY I. McCUTCHEON, Defendant CIVIL ACTION - LAW CUSTODY Guido, J.---- ORDER OF COURT AND NOW. this / U ~ day of January 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of September _' 2001, shall remain in full force and effect pending a hearing or an agreement of the parties. 2. Christmas 2001. The Christmas holiday 2001 shall be shared as follows: A. Father shall have custody on Christmas Eve at 5:00 p.m. for the purpose of taking the Children to Mass. B. Mother shall have custody of the Children from Christmas Eve after Mass through 2:00 p.m. on December 25th. The Children may go to Father's home for one hour Christmas morning to open gifts. C. Father shall have custody of the Children from December 25th at 2:00 p.m. until December 25th at 9:00 p.m. D. Mother shall have custody from December 25th at 9:00 p.m. until December 27th. Father shall have custody from December 27, 2001, through January 2, 2002. The Children shall be returned to school on January 3, 2002. 3. A hearing is scheduled in Court Room # 5 ~the Cumberland County Court House, on the /",-tIh day ofJ-'7)uPM:Jrl.- ,2002, at8:.3cL o'c1ock...fL. M., at which time testimony will be taken. For purposes of the Hearing, the Father, Thomas M. McCutcheon shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and the opposing counsel/party a Memorandum setting forth each party's position on custody, a proposed parenting plan, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. '.< pi" y . 4. Counsel for either party may request to reconvene the Custody Conciliation Conference prior to the hearing date. Edward E. Guido, J. Dis!: Mary E. Peters, Esquire, 100 Pine Street, Suite 510, PO Box 1225, Harrisburg, PA 17108-1225 Herschel Lock, Esquire, 3107 N. Front Street, Harrisburg, PA 17110-1310 )('~,<;, ,..,....' 1,<( /-/1,-0:( 9-. i I \ , I \ I , I i I \ I , , \fINVlIlASNN3d AlNnO~) Of'Ylij38V'JnJ 8S :6 ~j1/ 91 NVr 20 AL"lO.I'.... ..: . , . .', . I 1'[ J("\ .CiV. ) '",,)1 ......u',j._. .~1 '._ ..,J..... 3~}:,:i:)O'''G:i"!d THOMAS M. McCUTCHEON. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4882 JODY I. McCUTCHEON, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAMe DATE OF BIRTH CURRENTLY IN CUSTODY OF Thomas M. McCutcheon, Jr. Dustin McCutcheon December 4, 1988 April 19, 1991 Mother Father 2. A Custody Conciliation Conference was held on December 10, 2001, with the following individuals in attendance: the Father, Thomas M. McCutcheon, and his counsel, Herschel Lock, Esquire; the Mother, Jody I. McCutcheon, and her counsel, Mary E. Peters, Esquire. 3. The parties were seen pursuant to Father's request for an additional Custody Conciliation Conference which was provided in the most recent Order of September 2001. Father is seeking primary custody of both Children. He proposes that Mother may have custody on alternate weekends and one weeknight during the week, year-round. However, he also states that he would want to be flexible and provide Mother with additional time on an informal basis. Both Children are now enrolled in the Mechancisburg School District. Father believes that it would provide better stability for the Children to be raised together in one home. He is also concerned that Mother's boyfriend drinks alcohol to excess. Additionally, Father complains that his telephone calls to the Children have been put on an intercom and that Mother was uncooperative in allowing him custodial time for Thomas's recent thirteenth birthday. 4. Mother would not agree to place primary custody of both Children in Father. Mother presently resides in a one-bedroom apartment in Mechanicsburg and feels that she is able to adequately care for Thomas in her home. She states that since she has relocated from Harrisburg to Mechanicsburg in the first week of November 2001, the verbal reports that she has received from the school indicate that Thomas is doing better academically. Thomas No. 01-4882 - Civil Term is apparently receiving some kind of special services at school, apparently pursuant to an Individualized Educational Plan. Since the last Conciliation Conference on September 18, 2001, the parties have attempted to comply with the provisions for counseling for the Children. However, Mother has not been as active in these appointments because she says that they have, at times, conflicted with her work schedule. Although Thomas was failing all of his major subjects during the first marking period and has changed schools, neither parent has any written report of how he is doing in the new school setting. Mother has some verbal reports that he is doing well, however, no homework papers or grades have come home from school. Father plans to meet with school personnel to get an updated report on Thomas's academic functioning. 5. The parties have continued to demonstrate their difficulties with communicating around custodial issues and planning for their Children's needs. The parties have agreed to continue to follow the terms of the existing Order and to work cooperatively to participate in counseling for the benefit of their Children. The parties were also able to successfully reach an agreement regarding the sharing of Christmas time for this year. Per agreement of the parties the case will be referred to the Court to set a hearing date. However, counsel for the parties have been informed that at some point prior to the hearing date, if the parties would like to make one last attempt at resolving this matter with the Conciliator's assistance prior to a parenting plan being imposed upon them by the Court, counsel for either party may request an additional Custody Conciliation Conference. Date Idf~! ,~~(~, Melissa Peel Greevy, Esquire Custody Conciliator .. THOMAS M. McCUTCHEON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4882 CIVIL TERM JODY I. McCUTCHEON, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 6th day of February, 2002, after hearing, it is ordered and directed that our Order of September 24th, 2001, is vacated and replaced by the following: 1. The parties shall have shared legal custody of their minor Children, Thomas M. McCutcheon, Jr., born December 4, 1988, and Dustin L. McCutcheon, born April 19, 1991. Each party shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall be entitled to all records and information pertaining to the Children including, but not related to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent that one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time to make the records and information of reasonable use to the other parent. 2. Pending further Order of Court or an agreement of the parties, Father shall have primary physical custody of the Children during the school year. Mother shall have partial custody of the Children every other weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday, commencing on Friday, February 8, 2002. In addition, Mother may visit with the Children two '. evenings per week from 5:00 p.m. until 8:00 p.m. at her residence. They may report there immediately after school and be returned to Father's residence at 8:00 p.m. 3. Mother shall have primary physical custody of the Children from the day after school lets out until the Friday before school begins each summer. Father shall have alternating weekend visitation with the Children from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Provided, however, Father may have one week of uninterrupted time in the summer with the Children upon giving Mother at least 60 days notice of the dates he intends to exercise said visitation. 4. The parties shall alternate the holidays of Easter, Memorial Day, July 4, Labor Day, and New Year's Day, with Mother having Easter this year. 5. Father shall have the Children on Father's Day weekend and Mother shall have the Children on Mother's Day weekend, which arrangement shall supersede any other arrangement in this Order. 6. Mother shall have the Children from Christmas Eve until noon on Christmas Day in odd-numbered years and from noon on Christmas Day until December 27th at 5:00 p.m. on even- numbered years. 7. Mother shall have the Children from 2:00 p.m. Thanksgiving Day until 6:00 p.m. on the Sunday after Thanksgiving in odd-numbered years and from the Wednesday before Thanksgiving from after school until 2:00 p.m. on Thanksgiving Day in even-numbered years. 8. The Children shall remain in the Mechanicsburg School District unless otherwise agreed to by the parties or further Order of this Court. ,/,I"',;~ 'J, ,....;",..".,,".;""", .">c,,,,,.",,,,,".... "', " .. -' 9. The parties shall continue the Children in therapeutic and family counseling, and any unreimbursed expenses associated with the cost of that counseling shall be shared equally by the parties. Provided, however, that the cost for the appearance of Ms. Dryden in court today shall be borne by Father. 10. Mother's significant other, Mr. Cook, shall not be in the presence of the Children when he has consumed any alcoholic beverages, and he shall not consume any alcoholic beverages in the presence of the Children. 11. The parties shall encourage the Children to maintain contact with the noncustodial parent via telephone on a regular basis. 12. The party who has primary physical custody of the Children shall E-mail the other party at least once per day about something good each child has done. The other party shall respond. Copies of these E-mails to be made available to the Court on the 1st of each month through May 1st, 2002. By the Court, Herschel Lock, Esquire Attorney for Plaintiff Mary E. Peters, Esquire Attorney for Defendant /f~ ~ .;2- of.ooV 0- srs '.' .. Vit'l'Y^lASNN3d , ,\lNnO~ mNlHJ:.J,:tln8 iiS:\:: lid 1.-\13;\20 ~HVlC::I<i!:i '3~)\j~(J "..[_,.i,i j~i,#jl ';(4:!h&i;;",:,:n,,~;n Thomas M. McCutcheon, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL TERM Jody I. McCutcheon, No. 01-4882 Defendant : CUSTODY SUBPEONA TO ATTEND AND TESTIFY To Tina Flawd: 1. You are ordered by the Court to come to Court Room #5 at Cumberland County Courthouse, Carlisle, Pennsylvania, on February at 8:30 o'clock am, to testify on behalf of Defendant in the above case and to remain until excused. 2. You do not need to bring any documents with you. If you fail to attend or produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 if the Pennsylvania Rules to Civil Procedure, including but n . ited to costs. attorney fees and imprisonm . Mary E. Pet , Esq. Shagin & Anstine LLC 100 Pine Street, Suite 510 P.O. Box' 1225 Harrisburg, PA 17108-1225 (717)221-1111 Pa. S. C. ID# 86977 Requested by: BY THE COURT, Date: J..J,.~.. "'7 I. .2{}-f:>~ By (),.~ Q ~ I ~~ 61- 4,pP;t C0'<l/~ Return of Service cl. On the 9.n' dayto.reh<uo..,(t). ;::;lOo~ served Tina Flawd with the foregoing subpoena by: .I,~.~~~ , Vl r-f' r:"\6Yl I verify that the statements in this return of service are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities. Date: ;<J~ /o~ . I ~~iJ)/llfigA (Signature) 0 CJ () c:: ,." :? -, -oeD ...., ..,.1 nl.....-' p, z~+: 0:1 ,:; "T-; i"'::; ;.?:[~ , ' 'j"'~ (j)r-:' N (""1 2t: , .- . C") :Pfi ~ '. --'1 . ~:; -on Z:' . i:) :;:;0 C ~ '.5 :-r; :z: 5~ =< N ..,.. :D -~ i i I - 3Jn tbe ([ourt of ([ommtJn lllea~ of ([umberlanb ([ount!" llJenn~!,lbania THOMAS M. McCUTCHEON, CIVIL ACTION - LAW CUSTODY No. 01-4882 CML TERM Plaintiff, PE1ITION TO MODIFY CUSTODY Vs. TODY 1. McCUTCHEON, Filed on behalf of: Defendant, Jody 1. McCutcheon. Counsel of record for this pany: Defendant. Peter J. Daley & Associates, P.C. Peter J. Daley II, Esquire 242 Wood Street California, Pennsylvania 15419 Phone: (72-4) 938-8953 Facsimile: (724) 938-8959 Atty. I.D. ~"70244 moMAS M. McCUTCHEON, Plaintiff, IN TIlE O:>UR T OF COMMON PLEAS OF CUMBERLAND COUNIY, PENNSYLV ANlA vs. CIVIL ACTION ,LAW CUSTODY JODY 1. McCUTCHEON, No. 0],4882 ClV!L TERM Defendant. tletition to :mobifp Q[:Ug:tobp AND NOW, comes the Defendant, Jody I. MI:Cutcheon, through her attorneys, Peter J. Daley & Associates, P.e., by Peter J. Daley IT, Esquire, and files this Petition to Modify Custody upon the following facts: 1. The Petition of Defendant, Jody I. McCutcheon, respectfully represents that on February 6, 2002, an Order of Coun was ,entered for custody of the minor children: Thomas M. McCutcheon Jr. and Dustin L. McCutcheon, a true and correct copy of which is attached hereto and marked as Exhibit "A". 2. This Order should be modified because: There has been a substantial change of circumstances in that while in the custody of their Father, Thomas has been disciplined for stealing and Dustin was discovered with a toy gun, both matters while in school. Additionally, both boys grades are declining and they have been disrespectful in school. Your Petitioner believes and therefor avers that the best interest of the children would be better served with Mother attaining primary physical custody of the children. WHEREFORE, Petitioner respectfully requests that the Coun modifY the existing Order of Coun because it will be in the best interest of the children. (!Certificate of ~erbi.:e I, Peter J. Daley II, Esquire, of Peter 1. Daley and Associates, P.G, attorn)ys of record for the Defendant, J ody I. McCutcheon, do hereby certify that I have this ~day of June 2004, served a true and correct copy of the Petition to Modify Custody upon the Plaintiff, Thomas M. McCutcheon, by sending same by First Class United States Mail, Postage pre-paid to his attorney of record, Herschel Lock, Esquire, at the following address: Herschel Lock, Esquire 3107 North Front Stteet Harrisburg, P A lZ 1 C:\Shared files\CLlENTS\McCUTCHEON, JODY\Custody\Pelition to Modify.wpd )Jerification I, JOOy 1. McCutcheon, do hereby verify that the averments contained in the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. ~ '-tne~ ~~tkcCUTCHEON Date~hO a. <6t~ dOGY C:\Shared files\ClIENTS\McCUTCHEON, JODY\Custody\Petition to Modify.wpd THOMAS M. McCUTCHEON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4882 CIVIL TERM JODY I. McCUTCHEON, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 6th day of February, 2002, after hearing, it is ordered and directed that Ol;,r Order of September 24th, 2001, is vacated and replaced by the following: 1. The parties shall have shared legal custody of their minor Children, Thomas M. McCutcheon, Jr., born December 4, 1988, and Dustin L. McCutcheon, born April 19, 1991. Each party shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall be entitled to all records and information pertaining to the Children including, but not related to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent that one parent has possession of any such records or information, that parent shall be required to share the same.. or copies thereof, with the other parent within such reasonable time to make the records and information of reasonable use to the other parent. 2. Pending further Order of Court or an agreement of the parties, Father shall have primary physical custody of the Children during the school year. Mother shall have partial custody of the Children every other weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday, commencing on Friday, February 8, 2002. In addition, Mother may visit with the Children two E~,t),t "A" evenings per week from 5:00 p.m. until 8:00 p.m. at her residence. They may report there immediately after school and be returned to Father's residence at 8:00 p.m. 3. Mother shall have primary physical custody of the Children from the day after school lets out until the Friday before school begins each summer. Father shall have alternating weekend visitation with the Children from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Provided, however, Father may have one week of uninterrupted time in the summer with the Children upon giving Mother at least 60 days notice of the dates he intends to exercise said visitation. . 4. The parties shall alternate the holidays of Easter, Memorial Day, July 4, Labor Day, and New Year's Day, with Mother having Easter this year. 5. Father shall have the Childr'en on Father's Day weekend and Mother shall have the Children on Mother's Day weekend, which arrangement shall supersede any other arrangement in this Order. 6. Mother shall have the Children from Christmas Eve until noon on Christmas Day in odd-numbered years and from noon on Christmas Day until December 27th at. 5:00 p.m. on even- numbered years. 7. Mother shall have the Children from 2:00 p.m. Thanksgiving Day until 6:00 p.m. on the Sunday after Thanksgiving in odd-numbered years and from the Wednesday before Thanksgiving from after school until 2:00 p.m. on Thanksgiving Day in even-numbered years. 8. The Children shall remain in the Mechanicsburg School District unless otherwise agreed to by the parties or further Order of this Court. 9. The parties shall continue the Children in therapeutic and family counseling, and any unreimbursed expenses associated with the cost of that counseling shall be shared equally by the parties. Provided, however, that the cost for the appearance of Ms. Dryden in court today shall be borne by Father. 10. Mother's significant other, Mr. Cook, shall not be in the presence of the Children when he has consumed any alcoholic beverages, and he shall not consume any alcoholjc beverages in the presence of the Children. 11. The parties shall encourage the Children to maintain contact with the noncustodial parent via telephone on a regular basis. 12. The party who has primary physical custody of the Children shall E-mail the other party at least once per day about something good each child has done. The other party shall respond. Copies of these E-mails to be made available to the Court on the 1st of each month through May 1st, 2002. By the Court, Edward E. Guido, J. Herschel Lock, Esquire Attorney for Plaintiff Mary E. Peters, Esquire Attorney for Defendant srs ~ Ul ~ E;'" -t::: -4...1 "'" 0'\ a tl ~ ~ (J .:0 ~ f-\ ~ ~ ~ s:: t= c. J n c~ r" c:.> c.~~ J;;" (..~.. ~':-; -- lj-,; CO o 'n .-, ~r\t~ .,,~j -"\ . ~ -~-, c- co C:.) 3Jn tbe ~ourt of ~ommon f'leas of ~umberlanb ~ount!', f'J~nns!,lbania THOMAS M. McCUTCHEON, CIVIL ACTION - LAW CUSTODY No. 01-4882 CIVIL TERM Plaintiff, PRAECIJPE FOR APPEARANCE Vs. Filed on behalf of: Defendant, Jody I. McCutcheon. TODY I. McCUTCHEON, Counsel of record for this patty: Defendant. Peter J. Daley & Associates, P.C. Peter J. Daley II, Esquire 242 Wood Street California, Pennsylvania 15419 Phone: (724) 938-8953 Facsimile: (724) 938-8959 Atty. I.D.#70244 Plaintiff, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIlOMAS M. McCUTCHEON, vs. CIVIL ACTION ,LAW CUSTODY TODY 1. McCUTCHEON, No. 01-4882 CIVIL TERM Defendant. !Jraetipe for ~pearallte TO THE PROTHONOTARY Kindly enter my appearance on behalf of the Defendant, Jody I, McCutcheon, in the above matter. Q ,.., = ~ '-- c:- . -,.._~ ,,> c;:) "' ( (':::-i J -<, CO ..", , THOMASM.MCCUTCHEON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-4882 CIVIL ACTION LAW JODY 1. MCCUTCHEON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on WednesdlLY, August 11, 2004 , the conciliator, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court. and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existin~: Protection from Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy. Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~'P ~~..v ~,? ,Ad [/-t.. '~---7<>~~~ ~.?~ nc7F:/'c.. \liNVf;:IASr!N:id I "ln~"~1 'T ",,"" ",e"f'n" 1\1..I\I,t-.,,_.. ',.,"1" j.:,':';;")j: v J 0 :E; t~d E; I lnr ~ooz ,C>," ()'''O' !In''d ::1Hl "0 AbtlJ.. j" Jrl.J..va..J ;J 38/:1:40-0311:1 THOMAS M. MCCUTCHEON, AUG 3 0 2004 \y Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBE,RLAND COUNTY, PENNSYL VANIA NO. 01-4882 CIVIL TERM CIVIL ACTION - LAW v. JODY I. MCCUTCHEON, Defendant IN CUSTODY GUIDO, J. ___ ORDER OF COURT ., J. ,~'~t"~R AND NOW. this ~ day of 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered ~lnd directed as follows: 1. A he,nng · ""'odurod " Co_ Numb" 5 of the Cumbert,,,,, Coo,", Courthou". 0' /he l?'" d.y or 0 "'-<<M , 2004,,, / 0: Jo 0'0001< "'.M.. " whioh Ome teslJmo,y Will be fakeo ...."',ng modffioati"" of ""-y. F", the pu_ of the heart,., the Moth", Jody I. MoCulcheo" .hall be deemod to be the ""',,'. ""rly ''''' .h.lI p",,-, "m,,~ With fa.o"""y. Cou'''' "" /he "".... 0' /he "".... pro se ,h," ore Wi/h the Court ."" op"""",, oou'''.''''rly . me""',"'dum ...,'. forth eaoh ""rly', "".iOO, 0' ""-y, . riel of With..,.. who .'" eXpeded to testify" the hean,., ."" , ,umm.'Y of the """opafad ....""',y of eaoh witne... The" memo,""", shall be filed at least ten days prior to the hearing date. Dis!: ~as M. McCutcheon, 22 West Main Street, Shiremanstown, PA 17011 .-J6dy I. MCCutcheon, 224 East Main Street, Shiremanslown, PA 17011 o 9-0.3 -0 Y Vi\\l"\,rt0JSt\\N~'I,d ,\.\.NnC/) C; .:1"::"~'~':,F_t:;:t~n~ BZ ; \ 1\~\1 l;- d3S ~OOl },\;NlonCrtlQ8d 3\-11 :10 381:HCT03li:J THOMAS M. MCCUTCHEON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4882 CIVIL TERM CIVIL ACTION - LAW v. JODY I. McCUTCHEON, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the! following report: 1. The pertinent information concerning the child who is the sUbject of this litigation is as follows: NAME Thomas M. MCCutcheon, Jr. December 4, 1988 Dustin L. McCutcheon April 19, 1991 DATE OF BIRTH CURRI:NTL Y IN THE CUSTODY OF 2. The parties retUrned for a CustOdy Conciliaflion Conference on August 11, 2004 tollow;,. Mothe'. W'''' or , Petillo, to Modify on J'M 28, 2004. AUe""".!he Conre""", we"" the F'th..., Thoma. M. M'Cutcheon, Who ,,,,.."" P'" eo; the Moth..., Jody I. M'C'~, who "'" 'ppee"" p", eo. H... OOO"'~ d~ ""I 'lie"" to, "''''"' th.1 are unclear to the Conciliator. The last Order entered in this matter were entered on February 6, 2002. This Order was entered fOllowing hearing before JUdge Guido 3. Mother's Dosition on custOdy: Mother believes that custOdy should be modified because the parties' oldest child is on probation as a result of five counts of theft. Both boW ."'dee "e poo<. 80th boye h." had dlffi",'ly WIlh dl...._, beh.,,,,,, el home ."" I, 'oho~. Addffionel/y, th, ","",... "'.. we. " tro'b~ to, fakl'. . toy."" to school. This child is also had disciplinary actions such as detentions and suspensions. The o'deel "'''d h" week~ ""'fa" wtlh the P"'bello, omoe,. Moth... '"porte Ihel .he bi" 10 h~p WIlh hom"",,,, bol I. I/mlJed I, how m,,,, ehe oe, do lhal ""'," or th, 00""'1 custodial schedule. She is concerned that the children are not getting enough help with hom"",,,, r"'m thel, F.th.... - ""'d","..." OOO",~I",. The ~d"l ,hl/d 'P""""'y h,. ., ellention de"'I/ P"'~,,". 80th ""~,", '"',,"" leeml", '"PPort "Mcee r"'m 'oho~. D'",. Ih, ""'" or !he """"_, Moth... '"P"I'd'y "le""pled ."" _.", F_, or bel,. · II". Molhe, "'" ,""..."" he, ""oem Ihel 'h, h" h.d ""le" with the "ho~ ""'," Ihe 'hl/d",'. I,,,,,, OO""'le we" ""ply. She "ye thel ,h, eod h... current bOyfriend have both had to put money in the school aCCOunt so that the children OO<<'d h've ,,"'" mo",y el ''''001. Sh, 'I/og" thel .h, 'pok, WIlh ""',"'"' I, the ech"" "'m'"""IIo, 'nd we. told thel they we.. 001 ge!tj,. '"Ywh,,, wtlh Feth... "''''''''' tho Falther Father NO. 01-4882 CIVIL TERM problem. Mother reports that they participated in co-parent counseling with Danielle Dryden and had attempted some work with T J's counselor. Mother does not see this as having been particularly helpful. She believes that the boys would do better if they were in her primary custody. Mother is employed full-time in the HOLlse of Representatives and works 8:30 a.m. until 4:30 p.m. Monday through Friday. 4. Father's oosition on custod~: Father acknowledges that the children are not happy, are not sleeping properly and do not concentrate well in school. He recognizes that the problems the children have may also be distracting and have a negative impact on the children. Father reports that there have been ten occasiions upon which the police were called since the last Custody Order. There is presently a hearing scheduled on September 8. 2004 before District Justice Clement regarding thn~e separate incidents. Father apparently has been in conflict with two of the men that have been in Mother's life since the parties separated approximately four years ago. A divorce is pending but no decree has been entered. Father claims that he tries to get Mother to discuss problems with him but that they have not been successful in working together concerning the difficulties their children are facing. Father is happy with Judge Guido's February 6, 2002 decision. The only change that he would want to the Order is that he and Mother stop the conflict and start to work together. He also notes that it would be important IFor the two of them to keep their fiancees out of their interactions regarding the children. F,ather is employed full-time from 8:00 am. to 4:30 p.m. as a proofreader and photocopier for Commonwealth Reporting. 5. The Conciliator's Imoression: By the parents' own admission, these children are in the midst of their chronic and serious conflict. Attempts the parties have made in counseling thus far have been unavailing. It is the Conciliator's impression that the parents' conflict creates a substantial risk for serious emotional harm to both of these children which the parents have not been able and/or willing to stop. A hila ring before Judge Guido has been requested by the Mother and will be provided. However, it is not clear that a change of custodial arrangements will address the problem of the chronic extreme conflict between these parents. It is strongly recommended that the parents be required to participate in several months of co-parent counseling with an experienced family therapist who can help them see how their conduct impacts their children and learn new ways to function more effectively for the benefit of their children. ~:J,~ 161 D te ' :234144 3Jn tbe QL:ourt of QL:ommo'n ~Ieas' of QL:umberlanb QL:ountp, ~t~nns'plbania THOMAS M. McCUTCHEON, CIVIL ACTION - LAW CUSTODY No. 01-4882 CIVIL TERM Plaintiff, MOTION FOR CONTINUANCE Vs. Filed on behalf of: Defendant, Jody I. McCutcheon. JODY 1. McCUTCHEON, Counsel of record for this party: Defendant. Peter J. Daky & Associates, P.C. Peter J. Daley IT, Esquire 242 Wood Street California, Pennsylvania 15419 Phone: (724) 938.8953 Facsimile: (724) 938-8959 Atty. I.D. #70244 THOMAS M. McCUTCHEON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V'i. crVILACITON, LAW CUSTODY JODY I. McCUTCHEON, Defendant. No. 01,4882 CIVIL TERM motion for <!Continuance AND NOW, comes the Defendant, lody I. McCutcheon, through her attorneys, Peter J. Daley & Associates, P.c., by Peter J. Daley II, Esquire, and files this Motion for Continuance upon the following facts: 1. This matter has been scheduled for a for hearing for the purpose of taking testimony with regard to modification of Custody on Friday, October 8, 2004, at 10:30 a.m. before the Honorable Edward E. Guido. 2. Counsel for Defendant is currently scheduled for a Preliminary Hearing in Westmoreland Counry, Pennsylvania, and is unable to attend the custody modification hearing aforementioned. 3. Hershel Lock, Esquire, attorney of record for the Plaintiff, Thomas M. McCutcheon, has been contacted and he does not oppose the continuance of the hearing and waives the notice for presenting this motion. 4. Counsel for Defendant respectfully requests that this matter be rescheduled for hearing. WHEREFORE, Defendant, Jody I. McCutch~on, by and through her counsel, Peter J. Daley II, Esquire, respectfully request this Honor~lble Coun continue the hearing scheduled in this matter for Friday, October 8, 2004. ly submitted, li'erification foregoing Motion for Continuance are true and correct to the best of my knowledge, I, Jody I. MCCutcheon, do hereby verity that the averments Contained in the information and belief. to unsworn falsification to authorities. This statement is made subject to the penalties of 18 Pa.C.S.A. ~4904 relating /ia/p~ ./ s7J;, IJd-4udn fo . CUTCHEON Dated: C:\Shared filesICUENTS\McCUTCHEON, JODY\Custody\Motion for Conlinuance,WPd QCerttfirate of ~erbi,ce I, Peter J. Daley II, Esquire, of Peter J. Daley and Associates, P.c., attorneys of record for the Defendant, J ody 1. McCutcheon, do hereby cenify that I have this 8th day of October 2004, served a true and correct copy of the Motion for Continuance upon the Plaintiff, Thomas M. McCutcheon, by sending same by First Class United Statl~S Mail, Postage pre-paid to his attorney of record, Herschel Lock, Esquire, at the following .lddress: Herschel Lock, Esquire 3107 Nonh Front Stteet Harrisburg, P A 10 C:\Sharad files\ClIENTS\McCUTCHEON, JODY\Custody\Molion for Continuance.wpd THOMAS M. McCUTCHEON, Plaintiff, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA "". JODY I. McCUTCHEON, CIVIL ACTION, LAW CUSTODY Dt.-fendant. No. 01,4882 CIVIL TERM l!&rber of qc~t AND NOW, /J c../~v2 / % 4-..(11 , upon consideration of the foregoing Motion for Continuance in open Conn, it is~ereby ORDERED and DIRECTED that hearing in this matter fo~~urpose of taking =ony regarding rge modification of custo9,y be continued to the day of )...., f F:. E/L, 200~Z; at I : ()O o'clock, LM., in Courtroom Number Five (5) of the Cumberland County Courthouse in Carlisle, Pennsylvania. For the purpose of the hearing, Mother, Jody I. McCutcheon, shall be deemed to be the moving pany and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall fIle with the Conn and opposing counsel/pany a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each Witness. These memoranda shall be fIled at least ten days prior to the hearing date. C~~lUtJm -# S - B Edward E. Guido, J. AMERICANS WlTHDlSAJJILlTIESACTOF 1990 Tbe COUrt of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americanswith Disabilities Act of 1990. For injimnation about accessible jacilities and reasonable accommodations available to disabled individuals having business befOre the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing. -::J t-,.'c\ ,"')1 I! :, . I .~, \ c C' I (Hjl 1l.i~ ='-' " 3Jn tbe <!Court of <!Common ~lea5 of <!Cumberlanb <!Countp, ~enn5plbanta THOMAS M. McCUTCHEON, CIVIL ACTION - LAW ACTION IN CUSTODY Plaintiff, No. 01-4882 CIVIL TERM VS. CERTIFICATE OF SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 JODY 1. McCUTCHEON, Filed on behalf of: J ody 1. McCutcheon, Defendant. Defendant. Counsel of record for this party: Peter J. Daley & Associates, P.C. Peter J. Daley IT, Esquire 242 Wood Street California, PA 15419 Phone: 724-938-8953 Atty. 1.D. #70244 Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS A. McCUTCHEON, vs. JODY 1. McCUTCHEON, CIVIL ACTION - LAW ACTION IN CUSTODY Defendant. No. 01-4882 CIVIL TERM ~trtifitatt of ~trbitt of a ~ubpotna fJur~uant to l\ult 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Jody 1. McCutcheon, Defendant, through her attorneys Peter J. Daley & Associates, P.c., by Peter J. Daley IT, Esquire, cenifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this cenificate, (3) no objection to the subpoena has been received, and ( 4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 1I//fJ/It(YI Peter J. Attorne 3Jn tbe <!Court of <!Common ~lea5 of ([umberlanb ([ountp, ~enn5plbania THOMAS M. McCUTCHEON, CIVIL ACTION - LAW Plaintiff, No 01-4882 CIVIL TERM VS. NOTICE OF INTENTION TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 JODY I McCUTCHEON, Filed on behalf of: Jody I. McCutcheon, Defendant. Defendant. Counsel of record for this pany: Peter J. Daley & Associates, P.C. Peter J. Daley II, Esquire 242 Wood Street California, PA 15419 Phone: 724-938-8953 Atty. I.D. #70244 THOMAS M. McCUTCHEON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JODY 1. McCUTCHEON, CIVIL ACTION - LAW ACTION IN CUSTODY Defendant. No. 01-4882 CIVIL TERM jfiotitt of ~nttnt to ~trbt ~ubpotna to ~robutt 1!\otumtntg or \ltbtngg ~ur~uant of l\ult 4009.21 Jody I. McCutcheon, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: /O~o/OV " Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS M. McCUTCHEON, vs. JODY 1. McCUTCHEON, CIVIL ACTION - LAW ACTION IN CUSTODY Defendant. No. 01-4882 CIVIL TERM ~ubpotna to fJrobutt mOtumtnt~ or ~bingg fJurguant of l\ult 4009.21 Pennsylvania Counseling Services Attn: Dr. Dell Hudson 4918 Locust Lane Harrisburg, PA 15109 Within twenty (20) days after service of this subpoena, you are ordered by the coun to produce the following documents or things: Records of Thomas M. McCutcheon Jr., at 242 Wood Street, California, Pennsylvania 15419. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cenificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the patty serving this subpoena may seek a coun order compelling you to comply with it. This subpoena was issued at the request of the following person: Peter J. Daley II, Esquire Peter J. Daley & Associates, P. C. 242 Wood Street California, PA 15419 724-938-8953 Attv. I.D. 70244 J Seal of the Coun BY THE COURT: By: flt__A L :, ? .~ (Prothonotary) 0 ~e.lf~ Date: Dd-;;..~ I ~DCIf . - p "'.j 0 <':':~) C:..l -n ,- ..0:- -c' ::f'~ .-l C) T II ..,>it::: IT] r:"c -0 111 .-J CJ C~) (':> 1, I ,,: (j - -1"i -.~ -r1 , _if'... (j t~~ ( j rel '.1 "'-,\. .--., (....) oJ. -~~, -.I '~ THOMAS M. McCUTCHEON, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4882 CIVIL TERM JODY I. McCUTCHEON, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 3rd day of December, 2004, hearing in this matter will be reconvened on Tuesday, January 11, 2005, at 8:30 a.m. By the Court, J. /' ~eter J. Daley, II, Esquire For the Defendant/Petitioner > 4~ 1.2 -O~-() { ~erschel Lock, Esuqire for the Plaintiff/Respondent srs }~jJ\~:'-';~~" ,-' r,:;":~) ';-i 6S :2 Hd L - J3G'lUGl J\b\'i::j>lCli~j~~J;~=l ;:-\i ~() '~:~)l:1~o--cl:rTj \ \ THOMAS M. MC CUTCHEON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4882 JODY I. MC CUTCHEON, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this 'I~ ~ day of January, 2005, upon due consideration of the within Motion For Continuance IT IS HEREBY ORDERED AND DECREED that the hearing scheduled herein for January II, 2005, be continued and be rescheduled at the of request of either party after the completion of Children and Youth Services' investigation into the actions of Plaintiff. J. \ \ t \~)\;:~r'~y~;:::~\'~:5:},!,\:rY] I"'~\"\ "",. " .'. 9 ~ ~ \ ~\d 9- \~\j\ ~ti\)1. ...1\"""'" ",--", \ -'\..',\ ..10 r.:d\!_\,)r;i'X\.LUd~ :;j, \~ ... 3"J\~:\Cr-G:n\j THOMAS M. MC CUTCHEON, Plaintiff IN THE COtffiT OF COMMON PLEAS CUMBERLAN[1 COUNTY, PENNSYLVANIA vs. NO . 01- 4 S: 8 2 JODY I. MC CUTCHEON, Defendant CIVIL ACTION - LAW CUSTODY PLAINTIFF I S MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff THOMAS M. MC CUTCHEON, by and through his attorney, Herschel Lock, Esquire, who files his Motion For Continuance as follows, to wit: 1. Plaintiff THOMAS M. MC CUTCHEON is an adult individual residing at 22 W. Main Street, Shiremanstown, Cumberland County, pennsylvania 17011. 2. Defendant Jody I. McCutcheon is an adult individual residing at 223 E. Main Street, ShiremanstoWTI, Cumberland County, pennsylvania 17011. 3. Plaintiff and Defendant are the natural parents of the minor children Thomas M. McCutcheon, Jr. and Dustin L. McCutcheon who are the subject of this custody action. 4. On or about February 6, 2002, your Honorable Court entered an Order which, inter alia, granted Plaintiff primary physical custody of the minor children the subject hereof during the school year. 5. During the hearing held prior to entry of that Order, your Honorable Court heard testimony of both parties hereto as well as spoke with the subject minor children. 6. However, more recently, Defenda.nt filed her petition to modify the existing Custody Order and a hearing was held thereon towards Dustin or, alternatively, that Defendant has a distorted view of what has happened heretofore between Plaintiff and Dustin. 14. Because of the relevance the results of Children and Youth Services' investigation could have in the matter before your Honorable Court and because it is uncertain whether its investigation will be concluded by Janua.ry 11, 2005, Plaintiff respectfully requests your Honorable Court to continue its hearing until such time as the investiga.tion is concluded and its results are made known to the Court. 14. Defendant concurs in with Plaintiff's request (see Exhibit II A" attached hereto) . DATED: 1/1/0)' # , Respe~Ullr Submitted: ~W oIvr( HERSCHEL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 . -'Ilf~.. 6![/\ PETERJ. DALEY & ASSOCIATES, P.C. A rrORNEYS' AT LAW PETER J DALEY II, ESQurRE Julie Wcbatef, Pualcgal 242 WOOD STREET. CALIFORNIA. PA 15419 PHONE: (724) 938-8953 . FAX: (724) 938-8959. E-MAIL: pjdassoc@veOzon.l1et December 27, 2004 V;.Run-iJe 717-231-5288 Hcrschc:l Lock, Esquire 3107 Nonh Front Street Harrisburg, P A 17110 In Re: McCutcheon Custody Dear Herschel: I am in rcc:eipt of your com:spondence d~tcd Oeccmlx-s 27, 20()4. reg:lrding the above reference m;trtcr _ r concur with your request to have the custody hearing on r anuary 11, 2005 continued. Should you have any questions, please contact my office. Very uuly yours, Ib c; Jody Mct:utdlc:oo EXHIBIT nAil VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 11'1/0; ~4:Q oj (~ HERSCHEL LOCK, ESQUIRE Attorney-in-Fact THOMAS M. MC CUTCHEON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANBI COUNTY, PENNSYLVANIA vs. NO . 0 1- 4 8 8 2 JODY I. MC CUTCHEON, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Herschel Lock, Esquire, do hereby certify that on this ~ day of January, 2005, I served a copy of Motion For Continuance by depositing same in the United States Post Office, certified mail, return receipt requested, at Harrisburg, Pennsylvania, as follows: Peter J. Daley, II, Esq. 242 Wood Street California, PA 15419 DATED: /I~/~;- ( ~DL\ BY: HERSCHEL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 () C-' ~ <::~ '--- C.,,)~l -r~ I," ,r: <-- ?:>: ~'- c-~ ' ~ I~ > r" ~::i -'- I 0' o -\1 .-1 :1: -n P'f'" -n iJJ. -'-'Ie, ;Sb "~~~ J;, :~~~~?1 ~1;.'" :.'.~ -;:,..... :..~ - - ~ C) THOMAS M. MCCUTCHEON : IN THE COURT Of' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JODY I. MCCUTCHEON : NO. 2001-4882 CIVIL TERM ORDER OF COURT AND NOW, this 3RD day of FEBRUARY, 2005, at the request of Plaintiff s counsel and after the completion of the investigation of Cumberland County Children and Youth Services, a hearing is scheduled for FRIDAY. MARCH 4. 2005. at I :00 p.m. in Courtroom # 5. Edward E. Guido, J. ~hel Lock, Esquire For the Plaintiff ~Daley, II, Esquire For the Defendant ~ ~ 02-03-05 :sld '" CoS :::: pI _"'> ,-:'"' I (, M~ >:..:..::1.J - HERSCHEL LOCK Attorney at Law 3107 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 1711(1-1310 (717) 238-6661 . FAX 238-5:~88 January 25, 2005 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: McCutcheon v. McCutcheon - Custody No. 4882-01 Dear Judge Guido: In response to my Motion for Continuance, your January 6th Order continued the January 11th hearin~r scheduled in the above noted case until after Cumberland County Children and Youth Services finished its investigation into the action of my client, Mr. McCutcheon. That agency has now completed its investigation and as a result, I ask you to reschedule the postponed hearing. By copy of this letter to opposing counsel, I am informing him of my request. Thanking you for your consideration, I am Sincerely, i!!h~~~k HL/cf cc: Thomas McCutcheon Peter J. Daley, II, Esq. THOMAS M. MCCUTCHEON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JODY I. MCCUTCHEON : NO. 2001-4882 CIVIL TERM ORDER OF COURT AND NOW, this 1 ST day of MARCH, 2005, the hearing scheduled for Friday, March 4, 2005, at 1:00 p.m. has been continued and is rescheduled for WEDNESDAY. MARCH 16. 2005. at 1:00 p.m. in Courtroom # 5. c:.yt.:.e'::J ,/ ~..""" .--- -. . .~."^ Edward E. Guido, J. ~schel Lock, Esquire 3107 North Front Street Harrisburg, Pennsylvania. 17110-1310 ? fier J. Daley, II, Esquire 242 Wood Street California, Pennsylvania 15419 :sld \7;;:\j\f:fl J" (:.;,~: ,r~i~ 11\:("('1'--' (.,;'~ . ",- '\.1.1",....,_.1. I : II \.111 Z - t!V~1 ~OUZ bVl.Ol\lOi-llG:L:! 3H1 jC 3:J!.:t'K}~J31c! THOMAS M. MCCUTCHEON, Plaintiff IN THE COURT OF COMM PLEAS OF CUMBERLAND COUNTY, PE NSYLVANIA V. JODY I. MCCUTCHEON, Defendant CIVIL ACTION - LAW NO. 2001-4882 CIVIL TE ORDER OF COURT AND NOW, this 16th day of March, 2005, af er hearing, our order of February 6th is modified to v cate Paragraphs 9 through 12. In all other respects, th order of February 6th, 2002, shall remain in full force an effect. By the Court, *schel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110-1310 For the Plaintiff )> p. I ~ 01]Y.l-t..... ::~). \ L:f1Yl~~~ ~~ C.:; '1 ,,') /\ i:: ).../ .(/ ') '-L)..__/l / ~ter J. Daley, II, Esquire 242 Wood Street California, PA 15419 For the Defendant :lfh \1:i\l"P\l~S\N:1d I "';1".~ ~,' ~""-'Nn'" ;\.il" !:../", ~_:' ",."'"<-.,:,,::; 'i, v S S :6 Wtl Z Z ):PiW SOUl i,);.lVLU~\iU~' UJ;dd 3H.L :IO 3~li~!.+J-(B1U THOMAS M. MCCUTCHEON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JODY I. MCCUTCHEON, Defendant CIVIL ACTION - LAW NO. 01-4882 CIVIL TERM IN RE: TESTIMONY OF AUDRA HENNESSEY Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, March 16, 2005, commencing at 1:00 p.m. in Courtroom Number Five APPEARANCES: Herschel Lock, Esquire For the Plaintiff Peter J. Daley, Esquire For the Defendant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, the testimony of Audra Hennessey appears as follows:) MR. LOCK: Your Honor, it's my understanding that Audra Hennessey is not able to testify without your order that she do so. THE COURT: So ordered. MR. LOCK: Thank you. Whereupon, AUDRA HENNESSEY having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. LOCK: Q Ma'am, would you give us your full name and place of employment? A Audra Hennessey; I work for Cumberland County Children and Youth Services. Q A Q A Q How long have you worked there? Over ten years. What is your position now with them? I am a child abuse investigator. On December 21st, 2004, were you in that position? A Yes, I was. Q And did you receive a report, an allegation of child abuse directed against Thomas McCutcheon? 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, I did. Q After receiving that, what investigation, if any, did you undertake? A On December 21st, 2004, the agency received a confidential referral that was -- concerning Dustin McCutcheon. It was alleged that Mr. McCutcheon was rubbing his buttocks, chest, and legs over top of clothing and that he -- the child had asked his father to stop doing this, but he had not. After receiving that information, I placed a phone call to Mrs. McCutcheon to gather some background information on the family, and she had stated that on December 19th, 2004, her sister, Karen March -- her side of the family was together and that Ms. March pulled Dustin aside, just out of the blue, and just asked him if his father was touching him. At that time Dustin made this allegation. I questioned her why her sister would just pull Dustin off to the side out of the blue and just ask him if there was any reason that this was being brought up. I felt that was unusual, that people just ask a child, you know, straight out, if their father is touching them unless there would be behavior problems or statements made by the child. Mrs. McCutcheon stated she didn't know why her sister did this. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 After talking to her, I proceeded to go to Dustin's school and had an interview with him privately with just him and I about the allegations. Q What did the lad tell you, if anything? A Dustin stated that his father -- he used the words keeps touching me, quote unquote, and stated that after he and his father would wrestle -- sometimes his older brother, Thomas, Jr., was also part of the wrestling -- that they'll like -- he'll try to leave and then his dad will pull him back and kind of like rub his butt or pat his butt and that sometimes he touches his arms, rubs his arms or pats him on the arms and then also squeezes his buttocks. And when I questioned Dustin further on this, because he had stated that it was always over clothing, he stated that he felt that it was done in a -- like in a weird way, that it made him feel like his dad was perverted. Q From your investigation or after that did you have occasion to speak to Thomas McCutcheon? A Yes, I immediately phoned Mr. McCutcheon and asked if he would meet me at his home. That was around lunchtime. We did meet, and we had a conversation about the allegations. He stated to me that he is very affectionate with his children. He gives them hugs and kisses good-bye or goodnight before leaving to go somewhere, which Dustin also 4 1 reported his father does that. 2 He states that he's very active with the boys, and 3 he wrestles with them both, Dustin and Thomas, Jr., and he 4 admitted to rubbing his arms or patting him on the back or 5 shoulder area prior to leaving like in an affectionate way. 6 He also stated that at times he will pat Dustin, 7 Thomas, Jr., and/or his older son, Michael, who I believe 8 was 21 at the time, even on the buttocks or squeeze their 9 buttocks kind of like -- he described like baseball players 10 or baseball coaches do. 11 He said that the three boys like Dustin, Thomas, 12 Jr., and himself also had this running joke about having man 13 breasts, and that they would like joke around and grab at 14 that. That was not brought up by Dustin to me at all. 15 I questioned him -- there was also an allegation, 16 when I spoke with Mrs. McCutcheon on the phone, about the 17 children having access to pornography in Mr. McCutcheon's 18 home. 19 And I did speak with Mr. McCutcheon about that, 20 and he stated that -- it was alleged to me that the kids -- 21 there was a videotape of two men engaged in sexual acts that 22 the children had access to at Mr. McCutcheon's home. 23 And he stated that the pornography that he found 24 in his home was in Thomas, Jr. 's room. That was a video and 25 some adult playing cards, and there might have been like a 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 magazine with some pictures of like adults naked, and that was in Thomas, Jr. 's room. And he stated when he spoke with Thomas, Jr., about that, Thomas said he received those from -- he had gotten them originally from his mother's home. Q When the allegation was made of inappropriate touching, am I to understand the touching was supposed to be of a sexual or nude or efficacious manner? A It was called in and numbered by ChildLine as a sexual abuse referral. Q Now, until you spoke to Mr. McCutcheon, had you been told by anybody that there's a custody hearing in play? A I did. When -- my first initial phone call was to Mrs. McCutcheon, and she did inform me right away that there was a custody fight going on between the two of them. Q When did you learn what the custody order was in place when you interviewed Mr. McCutcheon? A Well, when I had spoken with Mrs. McCutcheon, she had told me the current arrangements prior to any involvement with the Courts; however, she did state there was a recent hearing in front of Judge Guido regarding custody and that it was continued. And then I did confirm all that information with Mr. McCutcheon when I spoke with 6 1 him that day. 2 Q At any time did you learn that at the 3 hearing, which happened to be on December 3rd of last year, 4 or the hearing before Judge Guido approximately two years 5 ago, custody hearing, the children were interviewed in 6 chambers by the Court? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Was I aware of that? Yes. Yes, I was told about that. By who? Mr. McCutcheon had explained that the children were interviewed in chambers with the attorneys and the Judge. Q Do you have an obligation in your position to immediately investigate -- such claims? A The Child Protective Service Law requires me start an investigation of these to initiate an investigation immediately and see the child within 24 hours of the report. Q Does it allow you, if you determine that the child is at risk or in danger, to remove the child from the home? A safety plan. Q In the regulations I'm required to develop a Yes. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A And that I do immediately as well. Q Now, on December 21st, 2004, when you spoke with Mr. McCutcheon, did you take any action to remove the children, Dustin or Thomas, Jr., from the home? A I did not remove them from the home. I developed a safety plan with Mr. McCutcheon on the 21st while I was at his home. Q Why didn't you remove them from the home? A I did not think that the information that I had received from Dustin or Mr. and Mrs. McCutcheon warranted that, the need to remove the children at that time. THE COURT: What safety plan did you develop? THE WITNESS: The safety plan was I asked Mr. McCutcheon to refrain from patting the children on the buttocks and doing anything other than just a normal hug and kiss until we could get into the information further. BY MR. LOCK: Q How many days do you have in this case or any other case to complete your investigation? A Q Sixty days. And you began your investigation on December 21st? A Q That was the day it was initiated. And when did you finish it? 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A 20th, 2005. Q I concluded the investigation on January I'd show you a document marked Plaintiff's 1 and ask that you identify that, please. A This is the child protective service letter. This is a letter that the state requires me to present to biological parents and/or alleged perpetrator within 72 hours after the person is interviewed. It basically outlines what the agency's responsibilities are, what the allegation is, there's a section where it says sexual abuse, and it states what the person's rights are. Q That's a standard letter? A That's a standard letter. Q Now -- and that is the letter you sent to Mr. McCutcheon? A Yes. Q Did you tell Mr. McCutcheon at any time not to discuss the matter with Dustin while you were doing your investigation? A Yes, that was also a part of the safety plan. I asked him not to discuss anything with him, with Dustin, in the presence of the child or with the child to assure his own safety that nobody would say that he was coaching the child or trying to get the child to change his statement. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did he respect your request? A To the best of my knowledge there was several phone calls back and forth. Because it was so close to Christmas, that was my last day of work, and then I was off for almost a period of two weeks. When I came back after the holiday, I did receive several voice mail messages from both Mr. McCutcheon and Mrs. McCutcheon with statements made about conversations that each party had with Dustin, statements that Dustin had made to them regarding, from my understanding, that Dustin was not sure why things were happening, what was going on, and felt that not all the information was truthful. Q By both parties, do you mean Mr. and Mrs. McCutcheon? A That's true. Q At any time did Mr. McCutcheon try to influence his son's testimony or discussions with you as far as truthfulness? MR. DALEY: Objection. Speculation. She didn't talk to the children. I mean maybe regarding her THE COURT: Rephrase the question. BY MR. LOCK: Q Were you able to determine as part of your investigation whether Mr. McCutcheon tried to influence the child's testimony? 10 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A I had -- because of the conflict of the multiple phone calls that I received from both Mr. and Mrs. McCutcheon regarding Dustin's statement, I had contacted Officer Schmidt from the Shiremanstown Borough Police, which I'm required to do immediately when we get a report. And the two of us decided that -- he had already conducted a lot of interviews, and those were all taped, so at that time we set up a time where I could come down and listen to the interviews with Mrs. McCutcheon's extended family, with the interview that he conducted with Dustin, and with Mr. McCutcheon and his current paramour, Ms. Smith. And after that Officer Schmidt and I then went to Mr. McCutcheon's home, asked Dustin to come with us to the police station, and we reinterviewed him again. Q A Q What date was that if you know? That date was January 11th, 2005. And would you tell us about your interview of 18 that day? 19 A I had -- we started out by just asking him 20 again about the allegations, and he had stated that he 21 perceived the touching and the rubbing as something that his 22 father was doing in what he called a gayly manner. 23 And he stated that his father once again would 24 squeeze his butt with his hands or pat him on the buttocks. 25 He said this was all done during like wrestling or playing. 11 1 It was always downstairs, never upstairs. He denied that 2 anybody's clothing was ever off, stated that he was fully 3 clothed. 4 We asked Dustin if he ever was forced to sleep 5 with his father. He said that occasionally he will -- on a 6 regular basis they would watch TV and stuff together in Mr. 7 McCutcheon's bed. Sometimes Ms. Smith was in the room as 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 well, but that was never -- he was never forced to do that. He never ended up sleeping with him. It was just kind of like hanging out in the bedroom. He went on to state that he first thought, whenever I talked to him at school prior to Christmas, that he first thought it was done in a sexual manner, but now that he has spoken with his brother or saw his brother do similar things to him, he realized it was done in a fun fashion. He doesn't think that it was done anymore in a gay fashion. He also stated that he feels that he's getting older and that displays of affection in public, like in front of his friends or like when they're leaving, that he's starting to like pull away from that because of his age. That he doesn't mind when his father does that, but he is starting to become more receptive of his friends seeing that kind of stuff. Q Did he at any time tell you that he requested 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 his dad not touch him and the dad refused? A He said he had told me several times that he had spoken with his father about this, and that his father didn't seem to respond to him. So he just stopped telling his father that he didn't like it. Q Well, after you spoke to Mr. McCutcheon, did Mr. McCutcheon's actions indicate to you the seriousness of the allegations, how he took them? A Yeah, he understood that they were very serious in nature and this was an investigation that was not, you know, that he did not I did not think that he took it lightly. Q Did you find out at any time whether he altered his behavior towards the child? A He did. From my information and from Dustin, he did refrain from doing any kind of patting or touching as he agreed in the safety plan. Q How about wrestling? A As far as I knew they weren't doing that either. He kind of just backed away from that for his own protection. Q Was that even necessary in your opinion? A Well, to be safe during the investigation, it was a good call on his part. He did relay that Dustin had felt that, you know, he was a little concerned that they 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 weren't like a normal family anymore because they weren't permitted to do that. Q Wrestle? A Correct. Q During your investigation, were you able to determine whether Dustin's mother tried to influence his testimony or discussions with you? A I had -- in the process of various phone calls back and forth between myself and Mr. and Mrs. McCutcheon, I had received information that there was possibly tampering with Dustin. Both Mrs. McCutcheon made an allegation about Mr. McCutcheon, that he threatened Dustin if he didn't change his story or say that it was just blown out of proportion, that he would be in trouble. And then I also heard similar things on the other side from Mr. McCutcheon that Dustin -- that Mrs. McCutcheon's family during the Christmas holiday, New Year's holiday, also spoke with him and encouraged him to tell different stories so that he would be able to come live with his mother. And when Officer Schmidt and I did interview him on the 11th of January, Dustin did admit that on January 1st he was over at his grandmother's house, Judy Peterson, and his Aunt Esther, Karen, and Glenda, as well as his mother 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was there, and that they had him in the bedroom and they told him that he should tell the truth but that he also should tell other things because if his dad gets in trouble, that would be a way for Dustin to come live with his mother. Q Those other things, were they true or not true? A Dustin said that he knows that they weren't true. He knew that if he would say things, it would be -- his Dad would get in trouble and then he would not be able to live with his dad. Q He was able to differentiate the truth and the untruth? A Yes, Dustin stated that he knew that what he was asked to do was not true and that his father would get in trouble. Q Prior to him telling you that, did you mention to Mrs. McCutcheon not to have discussions about these allegations? A Yes, similar conversation I had with Mr. McCutcheon was the same, not to engage in conversation with Dustin about the allegations, not to talk about the situation in front of the children. The adults should not be discussing it where the children could hear them. I mean that is the conversation I have with all my parents in any of my investigations. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Were you able to determine whether the allegations Mrs. McCutcheon made against Tom McCutcheon; that is, he's trying to influence the child's testimony, whether there is any basis and truth on what she said? A Are you asking me -- Q Yeah. A -- if there's any basis to what they were trying to get Dustin to say? Q Am I correct you said she testified or she told you that he is trying to influence the child's discussions with you? A Okay. Q Was there any truth to that? A Dustin made a comment that said that his dad did talk to him and say that he never took it as far as what Dustin is saying, like in a sexual manner. That's not what he would use those displays of affection or carryon or play around with him, that it was done so, you know, just a playful manner and never in a sexual manner. Dustin reported to Officer Schmidt and I that his dad, you know, did say that it was not in a sexual manner. Q Anything about your investigation indicating that Tom McCutcheon told his son to tell an untruth to you or Officer Schmidt? A Not that I was able to gather from my 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conversation with Dustin. Q I'll give you Plaintiff's 2. Could you identify that, please? A Yes, this is a letter that states that the agency had concluded the investigation and determined it to be unfounded. And this gets sent also -- it's a form letter that gets sent also to both biological parents and/or the alleged perpetrator in the case. Q Well, the term unfounded, does that mean you can't prove it? MR. DALEY: Objection. Leading. THE COURT: Overruled. BY MR. LOCK: Q Does it mean you can't prove -- THE COURT: Just explain unfounded. THE WITNESS: Unfounded means -- there's two options to unfounded. Unfounded means that we're not either able to substantiate the report and/or the child's injury or the child, what was alleged, doesn't meet the definition of the Child Protective Service Law. The reason this one was unfounded was because we were not able to prove that there was any sexual gratification in nature to any of these complaints that were made. Q At all? 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A At all. MR. LOCK: Thank you. THE COURT: Cross. MR. DALEY: Thank you, Your Honor. I'll be brief. CROSS-EXAMINATION BY MR. DALEY: Q Audra, I'm concerned about this second meeting with Dustin and both parents making allegations that the other parent is trying to influence Dustin. You're telling us now that Dustin said there was a meeting on January 1st where his mother told him to tell the truth? A That she started out by saying you need to tell the truth. Q A And what else did she say? Well, it was not only Mrs. McCutcheon, it was also her siblings, Karen, Glenda, Esther, and grandmother was there. Q Well, my question to you was, What else did she say? A That information I received from Dustin. He said that his aunts, his grandmother, and his mother were all present, and they were telling him to tell other things about his father that would get him in trouble so that he could live with -- because Dustin stated that he wanted to 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 live with his mother. Q Dustin told you he wanted to live with his mother? A Dustin told me that he wants to live with his mother, yeah. Q But what Dustin told you was the mother said to tell the truth? A Dustin told me that they started out the conversation at his grandmother's house -- they started out by saying, you really need to tell the truth. But then they proceeded on to say that if you tell other things, that would get your father in trouble and you would be able to come live with me. Q Were those items the truth, too? A No, Dustin said to me that what they wanted him to tell was not the truth. Q But he didn't say what his mother wanted him to tell, it's what the other people wanted him to say? A He said present was his mother, his Aunt Glenda, Aunt Esther, Aunt Karen, and his grandmother. Q But he didn't specifically -- he said to you specifically his mother told him to tell the truth? A I don't recall if he specifically said it was his mother. He said that the parties that were in the room with him were encouraging him not to tell -- that they 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 started out by saying you really need to tell the truth but they also encouraged him to say other things. Q You said you spoke with the father, and you heard allegations both ways. Did you ask the father if he ever had any conversation with Dustin about telling the truth? A Yes, we had multiple phone calls about that back and forth. Q And you had phone calls of the mother, too. Is that correct? A Yes, urn-hum. Q Did Officer Schmidt ever tell you about his close friendship or relationship with Dustin's father? A No, Mrs. McCutcheon had left me a message over the holiday, and when I returned after the first of the year, her message was she was concerned about Officer Schmidt being assigned to the case since she felt that he was already subpoenaed to testify in the custody hearing and that there was a friendship amongst them. She also followed up with a phone call later saying that when Officer Schmidt did interviews with her side of the family, he then proceeded to go to Mr. McCutcheon's house and told him everything that they said. Q But this occasion when you talked to Dustin, Officer Schmidt was present? 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, he was, and I kind of note that Mr. McCutcheon nor did his paramour, Ms. Smith, know that we were coming. We just knocked on the door and asked if he could take Dustin and interview him privately. Q And this was after Mrs. McCutcheon told you about the close friendship with Officer Schmidt? A This was after she called me and left that message and follow-up conversation. Q And isn't it true that Dustin was never out of the presence of both you and Officer Schmidt when this conversation was going on? A Dustin was picked up by myself and Officer Schmidt in the police car. We rode together to the police station. We went to the interviewing room. We interviewed, and then we drove him both back to the house together. Q So the answer is yes? A That interview on the 11th Dustin was with myself and Office Schmidt the entire time. Q I'm kind of concerned about the access to pornography. You indicated that there was a conversation, and you asked Dustin about this. What did Dustin tell you about the pornography? A I was originally told that there was -- that his father had allowed him to have access. And when I asked him, he stated that he was he wanted to watch a movie or 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 something, and so his dad instructed him to go upstairs to do that. And when he went upstairs and turned the TV on, he saw a woman without clothing on her back side, her buttocks, and he also reported that he saw what he described was a dildo on the dresser. He said he turned the movie off immediately and then left the room. Q Whose room was that? A That was Mr. McCutcheon's. Q And you told Mr. McCutcheon about that, and he said that the dildo belonged to Mrs. McCutcheon? A No, we talked -- when we talked about the pornography, he said that there was a deck of cards that was alleged to have been found that Thomas, Jr., had received from, I believe, his older brother, Michael, or that originated somehow out of his mother's home or something to that effect. That he found the cards and some kind of -- I'm not sure if it was a magazine or just a picture of a naked girl and a naked boy, a man, adults, and that's what was supposedly found in Thomas, Jr. 's room. Q In those numerous conversations with Mr. McCutcheon, I'm sure you talked to him about the triple x movie that was in his recorder and the dildo. Is that correct? 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, we had talked about that. Dustin stated that that was prior to -- Dustin told me that that was prior to him dating Ms. Smith, and that his father previously or his father had gotten the movie from George, I think, a brother named George or something. Q And you discussed this matter with Mr. McCutcheon? A Well, I talked to him about this. Q Do you recall Mr. McCutcheon denied that videotape was in his player? A Do I know that? Q From that conversation you had with him? A I don't recall that. Q What about the dildo? A I don't have it in my notes, and I can't tell you 100 percent whether or not he denied that either. Q But to your best recollection he never did deny that? A I couldn't say for sure. Q What's this about man breasts? Dustin told you that they grabbed each other's breasts? A No, Dustin didn't tell me that. His father told me that. When I met with his father on the first day of the report, his father stated that the only thing he could think of -- because when I interviewed Mr. McCutcheon, 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I didn't come right out and say these are the allegations. I asked him to explain to me his relationship with his son. What kind of affection do they show to each other. And he's the one that initiated the conversation about Thomas, Jr., Dustin, and himself talking about having man boobs. Mr. McCutcheon described that because the boys are larger men and he is a larger man, that they have what they consider man boobs or man breasts and that they joke around with that when their shirts are off and that they like punch each other, grab each other in that area. Q Part of the requirement under the Child Protective Services Law in Pennsylvania, Chapter 63, is that not only do you investigate the incident, but you also investigate both homes. Is that correct? A Well, we do a thorough investigation mainly of the allegations that are made, and then as I'm doing my investigation if other areas come up, like the pornography was not part of my original referral, then, you know, we do discuss that because the overall goal is to assure safety of the children. Q And you had the opportunity to investigate Mrs. McCutcheon's home. Is that correct? A I was not in Mrs. McCutcheon's home. Q I'm sorry. What? 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I was not at Mrs. McCutcheon's home. Q Well, aren't you required to -- A It's not -- it was not an allegation about the cleanliness of the home or the condition of the home. It was an allegation of sexual abuse. MR. DALEY: I have no other questions, Your Honor. THE COURT: Thank you, ma'am. MR. LOCK: If I may, very briefly. REDIRECT EXAMINATION BY MR. LOCK: Q In your ten years at Children and Youth, in the normal course do you deal with police officers? A Yes. Q Are you present with police officers when you or they interview children? A For the most part we have a protocol where we try to do interviews together, yes. Q As you were with Dustin in Officer Schmidt's presence, who did the investigation? A We both asked questions. Q Did you see anything unusual or unprofessional about the manner in which Officer Schmidt acted towards or in front of Dustin? MR. DALEY: Objection. That's outside the 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 scope of direct. THE COURT: He did the direct. Overruled. Any other -- do you have any cross? MR. DALEY: Yeah, Your Honor, I have one other question. THE COURT: Go ahead. Ask it. RECROSS-EXAMINATION BY MR. DALEY: Q And Dustin informed you who he would like to live with. Is that correct? A Dustin stated that he would like to live with That was his mother because she's more free with the money. his reason when I asked him why. THE COURT: Thank you, ma'am. You may step down. (Whereupon, the testimony of Audra Hennessey was concluded.) 26 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of the same. ~U~ ( l--\~ n.d Lu_tf= Laura F. Handley Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and 'I1(1~S directed to be filed. Date \ i\ iJ . I . . I ~, 1 ,J- -',I