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HomeMy WebLinkAbout05-5243 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA : NO. OS-S;;).l/3 CC/~L ~~ REX A. CUFF, Plaintiff MAUREEN M. CUFF, Defendant : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Rex A. Cuff, residing at 1116 Tunbridge Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Maureen M. Cuff, residing at 1201 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary custody of the following children: NAME Alexandra C. Cuff PRESENT RESIDENCE 1201 Gunstock Lane Mechanicsburg, P A 17050 D.O.B. 11/26/96 Ryan P. Cuff 1201 Gunstock Lane Mechanicsburg, P A 17050 6/03/98 4. The children were not born out of wedlock. 5. The children are presently in the custody of mother who resides at 1201 Gunstock Lane, Mechanicsburg, Pennsylvania. 6. During the past five years, the children have resided with the following persons and at the following addresses: NAME Maureen M. Cuff Rex A. Cuff RESIDENCE 1201 Gunstock Lane Mechanicsburg, P A 17050 DATE Birth until Present 7. The mother of the children is Maureen M. Cuff, currently residing at 1201 Gunstock Lane, Mechanicsburg, Pennsylvania. She is married. 8. The father of the children is Rex A. Cuff, currently residing at 1116 Tunbridge Road, Mechanicsburg, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: NAME Tammy Jones RELATIONSHIP Friend 10. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: NAME Alexandra C. Cuff Ryan P. Cuff RELATIONSHIP daughter son 11. 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 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 children. 12. The best interest and permanent welfare of the children will be served by granting the relief requested. Plaintiff has filed a Petition for Emergency Relief contemporaneous with the filing of this action. Said Petition sets forth in detail the reasons why Plaintiff is asking for primary custody. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff, Rex A. Cuff, requests the court to grant him primary custody of the minor children, Alexandra C. Cuff and Ryan P. Cuff. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: lO) ~ }o~ By: Attorneys for Plaintiff VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904 relating to unsworn falsification to authorities. Date: I 0 - (p - 0 S ~C- L44- Rex A. Cuff REXA. CUFF, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. MAUREEN M. CUFF, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff/Petitioner, Rex A. Cuff, hereby certify that I have served a copy of the foregoing Complaint for Custody on the following on the date and in the manner indicated below: VIA FACSIMILE (717) 774-1445 AND V.S MAIL. FIRST CLASS. PRE-PAID Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ By: o elly, Jr., Esqu e rn . #15615 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiff/Petitioner Rex A. Cuff R ~ () r-~ (-) 7t:J .::::-;. s---:: ( ::~::) "'j', ::::: (.;,,)1 tk -, (-::) .--1 ~ -.-- ;---. C) 6 -_.~ """- I 6' V), C\ ..p CI) ?;~~ "' CI) -v . ~ ~ - -- ~::'l P- ,- ., w......._ ( (f' N cj W :< t- ~ I .*t - ~ ~ v, ( John J. Connelly, Jr., Esquire Attorney J.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA ; NO. 66- -5..:2 '1--3 ~ ~ REX A. CUFF, P1aintiff/Petitioner MAUREEN M. CUFF, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff, Rex A. Cuff, by and through his counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Petition for Emergency Relief as follows: 1. The Petitioner, Rex A. Cuff, is the Plaintiff in the above-captioned action, currently residies at 1116 Tunbridge Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent, Maureen M. Cuff, is the Defendant in the above-captioned action, currently resides at 1201 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the parents oftwo minor children, namely, Alexandra C. Cuff, date of birth November 26, 1996; and Ryan P. Cuff, date of birth June 3, 1998. Contemporaneous with the filing of this Petition for Emergency Relief, your Petitioner has filed a Complaint requesting primary custody of the children. 4. The children are currently residing with the Respondent at 1201 Gunstock Lane, Mechanicsburg, Pennsylvania. 5. In support of your Petitioner's request for emergency relief, the Petitioner alleges the following: a. The Respondent is an alcoholic and has previously been in rehab and sporadically attended Alcoholic Anonymous meetings over the last 15 years. b. Within the last several years Respondent began drinking again. When purchasing alcohol, the Respondent continues to drink until the bottle is empty and on occasion becomes violent. c. The Respondent has tried to commit suicide and been recently hospitalized for a threat of suicide. d. Several neighbors and friends of the Respondent have observed the Respondent's erratic behavior and the conditions in her home including the house in total disarray, garbage strewn throughout the house, decaying food in the kitchen and the Respondent frequently in an intoxicated state. e. Even the Respondent's Alcoholic Anonymous sponsor indicated to the Petitioner that she would testify about the Respondent's demeanor and that the Respondent was not able to take care of the children at the present time. Other individuals including a psychotherapist colleague of the Respondent, Betty Weinberger, contacted the Petitioner in March of 2005 indicating concern for the Respondent's behavior. 2 f. On September 12, 2005, after Respondent contacted her friend, Beth Goth, indicating that she was going to commit suicide, Beth and the Hampden Township Police went to Respondent's home, observed the conditions in the home, the Respondent in a drunken state and escorted her to the Holy Spirit Hospital. g. The Respondent has driven while intoxicated with the children in the car and as recently as Sunday, October 2, 2005 was arrested after entering into a home which is the Petitioner's place of residence he shares with a friend, Tammy Jones. In an intoxicated state, the Respondent attacked Tammy Jones in Tammy's home with the parties' children present. The children were transported to the residence by the Respondent. After an investigation by the Hampden Township Police, the Respondent has been charged for her behavior. h. On the same date, October 2,2005, the Respondent was observed in a physical altercation with her mother in the front yard of her residence with her children present. This incident further confirms the erratic behavior patterns exhibited by the Respondent. 1. The minor children are exposed to vulgar language, screaming and the intoxicated state of the Respondent. The home has been in a deplorable condition and the children are not consistently receiving meals or proper care. The Respondent does not provide the children with breakfast and sometimes they have gone without dinner. J. The Respondent has called the Petitioner as late as 10:00 p.m. on a school night and the children were still awake. 6. The Petitioner lives within three miles of the children's current residence, is in the same school district and is able to provide appropriate care for the children as well as provide transportation to and from school. 3 7. It is believed and therefore averred by the Petitioner that the Respondent needs to enter rehab immediately in order for her to place herself in an emotional and physical state to properly care for the children. Absent rehabilitation, her current condition is a danger to the children. 8. Petitioner believes and therefore avers that until the Respondent undergoes a drug and alcohol evaluation and pursues any recommended treatment, your Petitioner should be granted primary physical custody of the children. WHEREFORE, your Petitioner requests that based on the allegations contained herein, the Court award temporary primary physical custody of the minor children namely, Alexandra C. Cuff, date of birth November 26, 1996; and Ryan P. Cuff, date of birth June 3, 1998, to the Petitioner and further order the Respondent to undergo a drug and alcohol evaluation and follow any recommendations regarding the entry of a rehabilitation program or other treatment alternatives. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: \0 \ ~ ) O~ By: Attorneys for Plaintiff/Petitioner 4 .' VERIFICATION I, Rex A. Cuff, verify that the statements made in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: , 0 IJeJ 0 ~ (3& '. ~ ~ Rex A. uff \ REX A. CUFF, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. MAUREEN M. CUFF, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintift7Petitioner, Rex A. Cuff, hereby certify that I have served a copy ofthe foregoing Petition for Emergency Relief on the following on the date and in the manner indicated below: VIA FACSIMILE (717) 774-1445 AND D.S MAIL. FIRST CLASS. PRE-PAID Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ By: Attorneys for PlaintifflPetitioner Rex A. Cuff CJ '"'9- "(C) '0- (9 ~ \l ' ~ - t1l _J >' ~ '" f_v ..l) CI't. .r::. ~ t -J ~ ~ r-_) (1 (C:~,-" ;::~; ~1 en ..--I f\ ~. C 2-, .<i ("'b ""f'1~-t ~ :.---~ c) c:; G'~ Barbara Sump1e-Su1Iivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 REX A CUFF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05-5243 MAUREEN M. CUFF, Defendant CIVIL ACTION - LAW IN CUSTODY RESPONSE TO PETITION FOR EMERGENCY RELIEF I, Admitted, 2, Admitted, 3, Admitted with clarification that Respondent believes that she should continue to be the primary custodial parent for the children, 4, Admitted with the clarification that Petitioner had vacated the home on or about June I, 2005 and had voluntarily left the children in the full custody of Respondent. During the summer of2005, Petitioner spent, on an average, three hours each week with the children, It is further averred that since separation and prior to the filing of this Petition, Petitioner had no overnights with the children, refused overnight visit offers and had provided Respondent with a false address as to his whereabouts and place of residence, Only since the support order was entered has custody become an issue, It is further averred that Respondent, a social worker, has been out of the full time work force since 1998 and has functioned as a stay at home mother who has been the primary caretaker of the children since their births, 5, A. Admitted, Respondent admits that she is an alcoholic but would aver that she would be more correctly categorized as a "recovering alcoholic," For the last fifteen (15) years since her successful completion of an alcohol rehabilitation program, Respondent has sought help and has stayed sober for an extended time prior to the parties' separation Respondent asserts that Petitioner has never been supportive of her recovery and has not facilitated her attending AA ( Alcoholic Anonymous) meetings, It is further averred that Petitioner is also an alcoholic and has fully admitted this to Respondent. Petitioner attended outpatient counseling in 200 I and it was recommended that he attend an in- patient rehabilitation program which Petitioner refused to complete, Over the course of the parties marriage, Petitioner has missed family dinners due to his presence in bars every night after work and did not arrive home until after the children were in bed To the best knowledge of Respondent, since separation, Petitioner has spent every night in bars drinking, He has driven with the children in the car after drinking, He has refused to attend rehabilitation, His alcohol problems have attributed to his numerous extramarital affairs over the last six (6) years, B. Denied as stated, Respondent acknowledges that she has had slips over the past years and avers that these slips have been tied to her discovery of Petitioner' s flagrant infidelity and numerous adulterous relationships, During a slip, it is denied that she "empties" the bottle and/or becomes violent. Respondent does indicate that she has been 2 verbally aggressive with Petitioner during these times when he would return to the marital home each Saturday at 2:30 a.m., but she has never been violent or aggressive to the children. C. Denied. It is denied that Respondent attempted suicide. By way of further answer, it is acknowledged that Respondent has taken antidepressants for many years. Respondent is also under the care of a psychiatrist, Dr. Altaker. She has functioned appropriately during these years, being an excellent mother who is deeply involved in the care ofthe children and the children's school and extracurricular activities. After the separation, the family's health insurance changed and her medication was not covered. Due to the financial distress of the family, she went without medication for about three weeks and her depression resurfaced. This lead also to a slip in the use of alcohol. During her slip that arose out of discovering that Petitioner was moving in with his latest paramour, while at the same time continuing to seduce Respondent seeking sex from her on his visits to the marital home, the depression deepened. On or about September 2, 2005, Respondent admits she became drunk and went to bed. She called her AA counselor to assist her and the counselor, being alarmed, summoned the E.M.T.s and police to her home. This resulted in her being taken to Holy Spirit Emergency Room where she was released in a few hours after she became sober. D. Denied. After reasonable investigation, Respondent is without information or belief as to the truth of the averment as to what neighbors and friends observed. Respondent acknowledges that immediately upon discovering that Respondent was 3 residing with a woman in a very prestigious home, she did slip as set forth above and incident thereto her home was not kept up. However, upon recovery from the slip, she cleaned the home and has maintained same in appropriate condition. She has also continued her involvement with Dr. Altaker and Alcoholics Anonymous. E. Denied. After reasonable investigation, Respondent is without knowledge to form a belief as to the truth of the averment and proof of same is requested. It is further averred that Respondent is well-equipped and able to care for the children. Obviously, if Petitioner had agreed with the assessment of Betty Weinberger in March of2005, he would not have left the children alone in her care during that time period since separation. F. Denied. It is denied that Respondent contacted her friend, Beth Goth, indicating that she was going to commit suicide. It is averred that when the children were not at home, Respondent drank and became intoxicated. As set forth in C above (since this is the same episode set forth in that subsection), she went to bed. However, she contacted her AA sponsor. Her AA sponsor was not aware where Respondent lived but was aware that they had a mutual friend, Beth Goth. The sponsor called Beth Goth and they went to the home. They summoned the police and E.M.T.s. She was taken to Holy Spirit Hospital to become sober. She was released when she became sober. The children were then in the custody of Respondent's parents overnight. G. Denied. It is denied that Respondent was intoxicated on October 2, 2005, although she had been drinking. It is denied that she was arrested after entering into a 4 home of Petitioner and his most recent paramour. It is denied that she "attacked" Tammy Jones in the presence of the children. It is averred that she confronted the Petitioner and his newest paramour because she felt he was playing both women. It is averred that Respondent has subsequently sought help to deal with her depression over Petitioner's actions and is feeling well and able to move forward through her emotional hurt. She is taking her antidepressant medication and is attending AA meetings. At all times, she has been and is able to care for the children. H. Denied. It is denied that Respondent was in a physical altercation with her mother. Despite Respondent's direction not to involve her parents, it is averred that Petitioner has attempted to sway the Respondent's family against her by indicating that she is a drunk. When she arrived home from Petitioner's new home on October 2, 2005, her parents came to her home screaming because Petitioner had contacted them about her visit. Respondent's mother had been drinking and Respondent asked that she leave. Any physical contact between them was for the sole purpose of assisting Respondent's mother in the car to leave the property. I. Admitted in part, denied in part. It is admitted that there has been screaming and some abusive language in the presence of the children. However this has occurred since the children have been born and has occurred by both Petitioner and the Respondent. It is denied that Respondent fails to provide meals for the children. Respondent has been and continues to be the sole caretaker ofthe children. It is noteworthy that on recent 5 occasions, despite the professed concerns of the Petitioner, Petitioner has declined to take his children on many occasions for which he has been offered the right of custody. J. Denied It is denied that Respondent has called the Petitioner on a school night. Any calls at that time of night have been made by the Petitioner to the Respondent. It is averred that the children are awakened by the phone. Their normal sleep time is 9:00 p.rn. 6. Admitted in part. Denied in part. It is admitted that Petitioner lives within three miles of the children's current residence. It is admitted that the Petitioner is in the same school district but it is averred that he is not in the same elementary school district within that school district. It is denied that the Petitioner can provide the appropriate care of the children as well as transportation back and forth to school. During the latest weekend visit, it is believed and therefore averred that the children were left by Respondent in the care of Tammy Jones. It is further averred that Petitioner's home, which has pets and smoke that aggravate the children's health issues, is not an appropriate environment. 7. Denied. It is denied that Respondent needs rehab. It is averred that Respondent needed to come to grips with the emotional devastation that has been unleashed upon her by Petitioner since separation. This includes the discovery of the numerous adulterous affairs that the Petitioner has been involved in. She has had to deal with discoveries concerning the numerous hotel and restaurant charges related to his adulterous behavior which caused the family's financial stress. She has had to deal with his direct attempt to 6 discredit her in the eyes of the children and to separate her from her step-children. She has dealt with his lies as to his alleged place of residence since separation. Despite the financial strain created by the separation, Petitioner has engaged in a pattern of attempting to "buy" the children's affections through new furniture and other expensive gifts although Petitioner refuses to contribute to any ofthe joint loans and credit card balances of the parties. However with her present commitment to AA, she has regained her sobriety and has the loving support of friends and family to help her go through this. No present commitment to rehab is required. 8. Denied. It is denied that a rehab is required. It is further averred that Respondent is able to care for the children. Wherefore, Respondent asks that the Petition for Emergency Relief be denied. Dated: October 10, 2005 / Barbara umple-Sullivan, Esquire Attorney for Respondent 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 I ( 7 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 REX A CUFF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-5243 MAUREEN M. CUFF, Defendant CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, MAUREEN M. CUFF, hereby certify that the facts set forth in the foregoing RESPONSE TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. c.S.A Section 4904 relating to unsworn falsification to authorities. Dated:~ 8 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 REX A CUFF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5243 MAUREEN M. CUFF, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a copy of the RESPONSE TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF, in the above-captioned matter upon the following individual via facsimile and by first class mail, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Dietterick &Connelly, P.O. Box 650 Hershey, PA 17033 /,-- DATED: October 10, 2005 { Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Respondent 9 ,J-.' ( n (' "", C::::) c_::'/ l',.."" o -n ..... :T." rnF,:':, l:;:J '-":> o C) -.; o G) " ., () -- ("-n :J , -G-'" ~n :< .r- (,r' 5 RECEIVED OCT 10 2005pl v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA : NO. OS- - ~ :lcrJ e~~ L~~ : CIVIL ACTION - LAW : IN CUSTODY REX A. CUFF, Plaintift7Petitioner MAUREEN M. CUFF, DefendantIRespondent AND NOW, this ORDER OF COURT ~ --1~ { ( day of cr vf.411{ , 2005, upon .0.- consideration of PIa in tiff /Petitioner's Petition for Emergency Relief, P",tiliu11<" Is hereby ,c.; ~ 1... - a..l f1...( ......,.1-. ~, }~ c...( ~ a . yo ml or c 1 ren, namely, Alexandl:a Co euff, <:) 13J~oj)rc;t- 1t:30A.,.t1. . duh~ ufbhdl r~ovemoer Lt>, PJYb; and kYWl 11. Cuff, dut", v[buLh Jl111S 3,1998. II i. f\.udlel ulde",d tlUll tile Rvop6udent skttll 'dHQilI'.gg a IIreg lIRQ alcohol 8\{all:tat~,...I11 C1ud vuulply widllt;vUlUluc;udatiuu:) l"-'ocud:).uA tftt: catry af a relmhHltiltion program. J. ryr;P \ t) \a Al~,!rir{ "-:</i,~nJ S I :8 W;I Z I DO SODl AtI/ICiK.JH'.ckJd :JHl :lO 3Jl::!:10"~G:!lH , " " REX A. CUFF PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-5243 CIVIL ACTION LA W MAUREEN M. CUFF DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, October 12, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before nawn S. Snnday, Esq. , the conciliator, at 3~ Wes!-l\:I.a,in,!'t..r".et, Mechanicsburg, PA 17055_._._ on Tuesday, October 25, 2005 at 10:00.f.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 permanent order. The court hereby directs the parties to furnish any and all existinl~ Protection from Abuse orders, Special RelIef orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S. Sundav. Esq. Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the cou11, please contact our omce. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170] 3 Telephone (717) 249-3166 {'~fr~~~ .?tA~pz ~.~ fr~~-~J -p; ) AINGCr" (" I ~ :2 Hd 2! JJO SOUl M:NiO;\j-,.'J...L.<.;UC1 31-\1 ~O J8i:!:..ro.--crr:j S'CJ. el. <11 5C?- C/ tJ/ JO- e/. 0/ -"', T~..D I. h.>..... '-- . Plaintiff OCT ? 4 LuuJ BY: >> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REX A CUFF vs. 05-5243 CNIL ACTION LAW MAUREEN M. CUFF Defendant IN CUSTODY ORDER AND NOW, this 19th day of October.2005 , the concilialor, being advised by counsel that the parties have reached a Stipulation, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for October 25, 2005 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Cuslody Conciliator (), ~ ... REX A. CUFF, Plainliff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5243 MAUREEN M. CUFF, Defendanl : CIVIL ACTION - LAW : IN CUSTODY AND NOW, this INTERIM ORDER OF COURT 7+tl day of P ~ , 2005, based upon the attached Stipulation, Ihe following Interim Order is entered: 1. Mother and Father shall enjoy shared legal custody of the children. Physical custody shall be based on the following schedule: a. Father shall have physical custody on alternating weekends beginning Friday, October ]4, 2005 from after school on Friday until Monday morning returning to school. b. Father shall have physical custody during the week following his weekend from Tuesday after school until Thursday morning returning to school. c. Father shall have physical custody during Ihe week following Mother's weekend from Tuesday after school unlil Wednesday morning returning 10 school. 2. During limes not specifically specified herein, custody shall be with the Mother. 3. Deborah L. Salem, CAC, LPC is appointed as an evaluator by the Court to do a drug and alcohol evaluation oflhe parties as well as a custody evalualion and recommendalion 10 the Court as to a fulure cuslody schedule. 4. As part of the drug and alcohol evaluation, the Mother will be required to periodically submit to blood or urine testing to determine whether she remains alcohol free. This shall be done at the direction of Deborah 1. Salem, CAe, LPC. 5. Any dispules between the parties regarding the custodial schedule, including the issue of holidays, which was not addressed in this Stipulation, shall be addressed by Ms. Salem in the course of her evaluation. 6. Father shall be responsible for the cost of the evaluations. 7. Father shall be responsible for driving the children to and from school on his periods of custody and further agrees that he will not leave the children in the sole custody of Tammy Jones withoul Mother's specific agreement. 8. During his or her period of custody with Ihe children, neither party shall consume alcohol or smoke. Further, Ihe custodial parent shall nol permit any olhers in their respective homes to consume alcohol or smoke in the presence oflhe children. 9. Upon completion of the drug and alcohol evalualion, the results shall be provided to counsel and the Court. The same shall be done UP. fthe custody evaluation. .Ihe Court, J. -I"ri ~ f ~' : ~~ t v, ~ r~j~t 'f,~, . ~ ~ .h '-.'" J i! I'~,.. , . "';""'~()J "70.;"1 (,(.. ",)1 8. ! ~,'I cnQ7 .- i:Ui. JU l.I .' II', ,,,,,.,.,-,!. :("'.:,~ 3H1 :10 i-L I,'.. '-':l':)(~;~h-'~c'~n'd ~, REX A. CUFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5243 MAUREEN M. CUFF, Defendant : CIVIL ACTION - LAW : IN CUSTODY STIPULATION AND NOW, this rtIt day Of{t~rt~~ by and between Plaintiff, Rex A. Cuff (hereinafter referred to as "Father"), and Defendant, Maureen M. Cuff (hereinafter referred to as "Mother") stipulate and agree as follows: WHEREAS, the parties are the parents of two minor children, namely, Alexandra C. Cuff, date of birth November 26,1996; and Ryan P. Cuff, date of birth June 3,1998; and WHEREAS, the parties have an emergency hearing scheduled before the Court on Thursday, October 13, 2005 at 11 :30 a.m. before The Honorable Edward E. Guido; and WHEREAS, it is the intenl of the parties to enter inlo an inlerim stipulation pending completion of a drug, alcohol and custody evaluation by Deborah L. Salem, CAe, LPC, Inlerworks, 4335A North Front Street, Harrisburg, Pennsylvania 17110. NOW, THEREFORE, in consideralion of the mutual covenants contained herein, the parties agree as follows: 1. MOlher and Falher shall enjoy shared legal custody of the children. Physical cuslody shall be based on Ihe following schedule: a. Father shall have physical custody on alternating weekends beginning Friday, October 14, 2005 from after school on Friday until Monday morning returning to school. . " b. Father shall have physical cuslody during the week following his weekend from Tuesday after school until Thursday morning returning to school. c. Father shall have physical custody during the week following Mother's weekend from Tuesday after school until Wednesday morning returning to school. 2. During times not specifically specified herein, cuslody shall be wilh the Molher. 3. Deborah L. Salem, CAe, LPC is appointed as an evaluator by the Court 10 do a drug and alcohol evaluation of the parties as well as a custody evaluation and recommendalion to the Court as to a future custody schedule. 4. As part of the drug and alcohol evaluation, Ihe Mother will be required to periodically submit to blood or urine lesting to determine whether she remains alcohol free. This shall be done allhe direction of Deborah L. Salem, CAe, LPC. 5. Any disputes between the parties regarding Ihe custodial schedule, including the issue of holidays, which was nol addressed in this Stipulation, shall be addressed by Ms. Salem in the course of her evaluation. 6. Falher shall be responsible for Ihe cost of the evaluations. 7. Falher shall be responsible for driving the children 10 and from school on his periods of cuslody and further agrees Ihat he will nolleave the children in Ihe sole custody of Tammy Jones without Mother's specific agreement. 8. During his or her period of cuslody wilh the children, neither party shall consume alcohol or smoke. Further, the custodial parent shall nol permil any olhers in their respeclive homes 10 consume alcohol or smoke in the presence of the children. 2 . . - . . 9. Upon completion of the drug and alcohol evaluation, the results shall be provided to counsel and the Court. The same shall be done upon completion ofthe custody evaluation. J~ l. Gj~ Rex A. Cuff 11(V/4~/?4J};{ t,,/JY Maure M. Cuff If 3 LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 November 4, 2005 The Honorable Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Rex A. Cuffv. Maureen M. Cuff Docket No. 05 - 5243/Cumberland County (Custodv) Dear Judge Guido: A hearing was scheduled before you on October 13, 2005, in the above captioned matter. Prior to the hearing, the parties reached a stipulation for an interim order. Enclosed please find five (5) original copies of the executed Stipulations Regarding Custody which have been signed by the parties in the above referenced matter. Upon entry of the Order with the Court, please return two (2) fully entered copies to my office in the enclosed self addressed, stamped envelope. I am also including a self addressed, stamped envelope to Attorney Connelly to return two (2) fully entered copies to his office. If you should have any questions, please do not hesit to contact my office. BSS/ab Enclosures cc: John 1. Connelly, Jr., Esquire Ms. Maureen M. Cuff II Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REX A. CUFF, vs. CIVIL ACTION - LAW NO. 2005-5243 MAUREEN M. CUFF, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance for Maureen M. Cuf in the above matter. Date:-L-~tL(l b_ / / .I Barbara Sumple Sullivan Attorney at Law Supreme Court 10 # 32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 TO THE PROTHONOTARY: Please enter my appearance in the above matter for Maureen M. Cuff. Date: 23 00r1 2\)0& ~~w Attorney for Defendant Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 ----I r",~ c - ------ John J. Connelly, If., Esquire Attorney J.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff REX A. CUFF, Plaintift7Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5243 MAUREEN M. CUFF, DefendantlRespondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff, Rex A. Cuff, by and through his counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Petition for Emergency Relief as follows: 1. Pelitioner is Rex A. Cuff, Plaintiff in the above-captioned action, currently residing at 1116 Tunbridge Road, Mechanicsburg, Cumberland Counly, Pennsylvania. 1. Respondenl is Maureen M. Cuff, Defendant in Ihe above-caplioned action, currently residing at 1201 Gunslock Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. The parties are the parents of two minor children, namely, Alexandra C. Cuff, dale of birth November 26, 1996; and Ryan P. Cuff, date of birth June 3, 1998. 3. The parties enlered into a Stipulated Custody Order, a copy of which is attached and marked as Exhibit "A". 4. The parties agreed as part of their Stipulated Court Order thai they would enter into a cuslody evaluation with Deborah L. Salem, CAe, LPC, IntelWorks, 4335A North Front Street, Harrisburg, Pennsylvania 17110. 5. The Petitioner had alleged signi ficant alcohol abuse by Respondenl affecting her ability to parent and as a consequence, the Court Order required Respondent to undergo, in addition to Ihe custody evaluation and a drug and alcohol evaluation as well. 6. There have been numerous occasions since the parties entered inlo the Cuslody Stipulation and Order where Petitioner has received information that Respondent has been drinking or intoxicaled. His conclusions have been based on personal observations of Respondent's behavior over Ihe phone and in his presence, observations of disinterested third parties and reports from Ihe children. 7. The children have also reported Ihat Respondenl has nol been interacting with Ihem, properly feeding them or properly supervising their activities because of her alcohol abuse. 8. Deborah L. Salem ofInterworks has compleled her evaluation and recommendations, a copy of which is attached and marked as Exhibit "B". In her report, she recommends that primary custody immediately shift to the Petitioner because of the significance of the Respondent's problems and the effect it has had on the children. She described Ihe parties' daughter, Alexandra as an anxious and traumatized child. The recommendations in Ihe report speak for themselves but are clearly compelling in their content. 9. The Respondent has advised Ihe Petilioner after consislently denying alcohol abuse Ihat she has suffered a relapse and is entering the Roxbury Treatmenl Cenler located at 601 Roxbury Road, Shippensburg, Pennsylvania, where she intends to remain for a period of approximately 10 to 14 days. 10. Because of her relapse in the use of alcohol which Petitioner has clearly observed over the last several years, it is believed and Iherefore averred that Respondent is not in a 2 position to handle her custodial responsibility. Because oflhe relapse and entry inlo a treatmenl program and because of the strong recommendations of the evaluator, Deborah L. Salem, your Petilioner is requesling that the Court grant him primary physical custody of the children with a custody conciliation to be scheduled at a time the Respondenl is available after Ihe complelion of her Irealmenl al Roxbury. WHEREFORE, your Petilioner requesls that based on the allegations contained herein and the report of Deborah L. Salem, the Court award primary physical custody of the minor children namely, Alexandra C. Cuff, dale of birth November 26, 1996; and Ryan P. Cuff, dale of birth June 3, 1998,10 the Petitioner. Respectfully submitted, JAMES, SMITH, DlETTERICK & CONNELLY, LLP Dated: ~ By: Attorneys for Plaintift7Pelilioner 3 VERIFICATION 1, Rex A. Cuff, verify that the slatements made in the foregoing Pleading are true and correct I understand Ihal false stalements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. l)ate: ~G, :~[~~ REX A. CUFF, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5243 MAUREEN M. CUFF, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE 1, John J. ConnelIy, Jr., Esquire, of James, Smith, Dietterick & ConneIIy, LLP attorney for Ihe Plaintiff/Petitioner, Rex A. Cuff, hereby certify that 1 have served a copy oflhe foregoing Petition for Emergency Relief on the folIowing on the dale and in Ihe manner indicaled below: VIA FACSIMILE (717) 761-1435 AND U.S. MAIL, FIRST CLASS, PRE-PAID Samuel L. Andes, Esquire 525 North Twelfth Streel P.O. Box 168 Lemoyne, P A 17043 JAMES, SMITH, DlETTERICK & CONNELLY, LLP Dated: ~ By: Attorneys for PlaintiffYPetitioner Rex A. Cuff EXHIBIT "A" REX A. CUFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5243 MAUREEN M. CUFF, Defendant : CIVIL ACTION - LAW : IN CUSTODY AND NOW, this INTERIM ORDER OF COURT 7+'k day of P ~ , 2005, based upon the attached Stipulation, the following Inlerim Order is enlered: 1. Mother and Father shall enjoy shared legal custody ofthe children. Physical custody shall be based on the fol1owing schedule: a. Father shall have physical custody on alternating weekends beginning Friday, October] 4,2005 from after school on Friday until Monday morning returning to schooL b. Father shall have physical custody during the week following his weekend from Tuesday after school until Thursday morning returning to schooL c. Father shall have physical custody during the week following Mother's weekend from Tuesday after school until Wednesday morning returning to school. 2. During times not specifically specified herein, custody shall be with the Mother. 3. Deborah L. Salem, CAC, LPC is appointed as an evaluator by the Court to do a drug and alcohoJ evaluation of the parties as well as a custody evalualion and recommendation to the Coort as to a future custody schedule. 4. As part of the drug and alcohol evaluation, Ihe Mother will be required to periodically submit to blood or urine testing to detennine whether she remains alcohol free. This shall be done at the direction of Deborah 1. Salem, CAe, LPC. 5. Any disputes between Ihe parties regarding thc custodial schedule, including the issue of holidays, which was not addressed in this Stipulation, shall be addressed by Ms. Salem in the course of her evaluation. 6. Father shall be responsible for the cost of the evaluations. 7. Father shall be responsible for driving the children to and from school on his periods of custody and further agrees Ihat he will not leave the children in the sole custody of Tammy Jones without Mother's specific agreement. 8. During his or her period of custody with the children, neither party shall consume alcohol or smoke. Further, the custodial parenl shall nol permit any others in their respective homes to consume alcohol or smoke in the presence of the children. 9. Upon completion of the drug and alcohol evaluation, the results shall be provided to counsel and Ihe Court. The same shall be done up' p e. of the custody evaluation. J. TR~ '1= ,....,... ~~, 1":'"0." F.)~C ".h.. ,"""..It' I ,Y"l IlfI ni;;. .ORD Ifl TKtiiTh'll'ly whtlf':Yt, I t~\rll ,mtIJ ~ rrry h;;md illd Hi!) ~ IiII s,1iO COWl ~ ~Usl6. Pa. ThiLJ~....daY of ~~ ?CTCY! - 't"" () h;N;u . ;~ ProtllonOlftrt REX A. CUFF, Plaintiff : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5243 MAUREEN M. CUFF, Defendanl : CIVIL ACTION - LAW : IN CUSTODY STIPULATION ~ Ni)'(,nJ. /7 AND NOW, this ~ day of Q Jto Sf, 206~ by and between Plaintiff, Rex A. Cuff (hereinafter referred to as "Father"), and Defendant, Maureen M. Cuff (hereinafter referred to as "Mother") stipulate and agree as follows: WHEREAS, the parties are the parents of two minor children, namely, Alexandra C. Cutl date of birth November 26, 1996; and Ryan P. Cuff, date of birth June 3, 1998; and WHEREAS, the parties have an emergency hearing scheduled before the COUli on Thursday, October 13, 2005 al II :30 a.m. before Thc Honorable Edward E. Guido; and WHEREAS, it is the intent ofthc parties to enter into an interim stipulation pcnding completion ofa drug, alcohol and custody evaluation by Deborah L. Salem, CAC, LPC, Interworks, 4335A North Front Street, Harrisburg, Pcnnsylvania 17110. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. Mother and Father shall enjoy shared legal custody of the children. Physical custody shall be based on the following schedule: a. Father shall have physical custody on alternating weekends beginning Friday, October 14, 2005 from aftcr school on Friday until Monday morning returning to school. b. Father shall have physical custody during Ihe week following his weekend from Tuesday after school until Thursday morning returning to school. c. Father shall have physical cuSlody during the week following Mother's weekend from Tuesday after school until Wednesday morning returning to school. 2. During limes not specifically specified herein, custody shall be wilh Ihe Mother. 3. Deborah 1. Salem, CAC, LPC is appointed as an eva]ualor by the Court 10 do a drug and alcohol evaluation of the parties as well as a custody evaluation and recommendation to the Court as to a future custody schedule. 4. As part of the drug and alcohol evalualion, Ihe Mother will be required 10 periodically submil to blood or urine testing to determine whether she remains alcohol free. This shall be done at the direclion of Deborah 1. Salem, CAC, LPC. 5. Any disputes between the parties regarding the cuslodial schedule, including Ihe issue of holidays, which was not addressed in this Stipulalion, shall be addressed by Ms. Salem in Ihe course of her evaluation. 6. Father shall be responsible for the cost of the evaluations. 7. Falher shall be responsible for driving the children to and from school on his periods of cuslody and further agrees that he will not leave the children in the sole custody of Tammy Jones wilhout Mother's specific agreement. 8. During his or her pcriod of custody with the children, neither party shall consume alcohol or smoke. Further, the custodial parent shall not permit any others in their respective homes to consume alcohol or smoke in the presence of the children. 2 9. Upon completion ofthe drug and alcohol evalualion, Ihe resulls shall be provided to counsel and Ihe Court. The same shall be done upon completion ofthe custody evaluation. /~ ~ \/{1 Rex A. Cuff 111!ltldt?A /~~/// Mauree M. Cuff /1 3 EXHIBIT "B" vv idE -- . "TT . ~ ~ 'Cr - ~ ~ = tt = ~ <>> ~ .-'- , ~ ~ * ^ ~ . ~ . \'j;r Clinical Director Deborah L. Salem, CAC, L PC Associates Anthea L. Stebbins, L SW 4335 North Front 5t Harrisburg PA 17110 TeI717-236-6630 Fax 717-236-6677 INT~RKS ~~ Date: 04-08-07 TO: John Connelly, Jr., Esq. :~~:hA:d:::,~ Evaluation Report Cuff v Cuff, #05-5243 FROM: RE: This report was completed and prepared for mailing on 04-05-06. However, on that same day, Maureen Cuff left a phone message for me (after she and I chased each other in phone tag for the entire previous day). In that phone message, she admitted that, indeed, she had relapsed in January, 2006, and was in Scott's Bar and Grill as had been reported to me. She also admitted that she began attending group at that time. I called her back and advised her 10 forward informalion to me about the group she was attending, the therapist facilitating the group, etc. To dale, I have not received any information. She may have been referring to AA. I believe that this fust step by Maureen was a laudable one and helps me better shape my recommendations. It does not, however, change any ofthe custody recommendations al this time. It does change my recommendalions for Maureen's therapy. I believe due to multiple relapses over Ihe past five years, Maureen should submit herself for a full Relapse Evalualion at a facilily that specializes in such. I know there is a program at the Caron Foundation in Wemersville, Pa and as well I know that a web site by Terrence Gorski, MS, would also indicate some of the fmest Relapse Programs in the country. An evaluation wilh a follow through on the recommendations of the professionals performing that service would likely speed up the time within which Maureen would secure weekend overnights with the children. Most importantly, I believe the evaluation and follow through with treatment it is absolutely necessary for Maureen's functioning on all levels including her parenting. 1 believe it will help her and provide her valuable tools for her future sobriety. This can only serve to benefit firsl Maureen and Ihen her children. I remain clear Ihat expanded lime with the children should still be considered only after Maureen is able to show 12 monlhs of continued sobriety and follow through with treatment recommendations. Enclosed please find the original completed report. As you can see, wilh or withoul the above recommendations being accepted, I have grave concerns aboul the emotional safety and security of the Cuff children as well as grave concerns about their ability to thrive in the current custody schedule. I hope the children are attended to as quickly as possible. Perhaps Maureen will release the children and attend to her health so that she can have a better long term relationship with them. It is undoubtedly a precarious, sad, and difficult situation for them. Please review the report and contact me to have a conference call if necessary. Thank you. 2 vv i<JE - -~ . "1T . . ~ ~ 11' - ~ = <l' ~ * ^ 1" ~ .. <= w ~ t!f\ -'- , it ~ . ~ ..... ,-., Clinical Director Deborah L. Salem, CAC, L PC Associates Anthea L. Stebbins, L SW INT~RK5 ~> 4335 North Front 5t Harrisburg PA 17110 TeI717-236-6630 Fax 717-236-6677 CUSTODY EV ALUA TION REPORT Plaintiff: Rex Cuff Attorney: John Connelly, Jr., Esq. Defendant: Maureen Cuff Attorney: Samuel Andes, Esq. Minor Children: Alexandra Cuff, DOB 11/26/96 Ryan Cuff, DOB 6/3/98 Docket No.: 05-5243, Civil Action, Custody IDENTIFYING INFORMATION AND PROCEDURE This custody evaluation was completed upon the 11-07-05 order of the Cumberland County Court of common pleas. Its purpose was to delermine the most appropriale custodial arrangement for Alexandra and Ryan Cuff, who are the two minor children of Rex and Maureen Cuff who were separated in June, 2005 after marrying in April, 1994. There is a divorce pending. Rex Cuff filed a petition tor a change in custody resulting in this evaluation. The current custody schedule provides mother with primary physical custody in the amount of 58% of the children's time while father has 42% of the children's lime. The father's achml physical custody occurs every other weekend from Friday after school until Monday mornings and every Tuesday overnight. In addition, during the week preceding mother's full weekend, father has both Tuesday and Wednesday overnight. Mother has Ihe children all olher times. With regard to their custodial difterences, mother reported that she is opposed to father having any more time than he currently has wilh Ihe children. F alher reported Ihat he would be satisfied with a shared custodial arrangement provided Ihat mother is able 10 sustain a clean home and maintain her sobriety and adequately care for the children. If she is unable to do so, father wants primary physical cuslody ofthe children; however, he did report that this would not be what he considers the optimal situation for the children who love both of their parenls. As pertains 10 evaluation procedures, the following services were provided to Ihe individuals listed below: 1. Rex Cuff - inilial interview, relalionship hislOry, drug and alcohol evaluation and psychosocial hislory, observation with minor children, home study, MMP12 and MCMI2. 2. Maureen Cuff - initial interview, relationship history, drug and alcohol evaluation and psychosocial history, observation with minor children, home study, MMPI2, MCMI2. 3. Alexandra Cuff - independent psychosocial interview (x2) and observation with parenls (x2). 4. Rvan Cuff - independent psychosocial interview (x2) and observation with parenls (x2). In addition 10 the above-referenced sessions, the following adjunct information was also reviewed as pari of the evalualion: 1. Three (3) urine lests for drug and alcohol toxicity completed by Maureen Cuff; 2. Phone consultation with a staff person from Scott's Bar and Grill in Harrisburg, Pennsylvania; 3. Phone consultalion with Corrine Daley from Cumberland County Children and Youth; 4. Review of letter provided by Maureen Cuff from Edward Horan, dated December, 2000 with regard to a marital therapy session with Maureen and Rex Cuff; 5. Various documents provided by Maureen Cuff with regard to anecdotal accounts of Rex's alleged lack of follow-through with the children's homework; 6. Numerous questionnaires completed by both parents; and 7. Photocopy of a cancelled check provided by Maureen Cuff alleging that Rex Cuff forged her signature on the check. It should be noted that there was significant difficulty beginning in mid-February attempting 10 schedule Maureen Cuff for evaluation sessions. Essentially, despite multiple phone calls and multiple messages left by Interworks staff, Ms. Cuff did not respond to those calls. On one occasion, she did answer the phone and when Interworks staff identified themselves, she indicated she was "eating lunch and would call back" but did not do so without being pursued several more times. Finally, the Evaluator contacted Ms. Cuff and left a message on her cell phone on 3/16/06. She was advised to please confirm an appointment for March 30th at 11 :30 with the Evaluator, to set up a time to come into the office independently to take the MMPI2, and to please schedule a home study with Anthea Stebbins before March 30th. Despite this pleading, there was nol a call back to the Interworks office until 3/22/06 10 confirm a home study for 3/23/06. At that lime, she advised she would "call back" 10 schedule other sessions and did not do so. Finally, on 03-27-06, Maureen confirmed her two final appointments with the evaluator for 03-30-06. PRESENT SITUATION According to the reports of both parenls, there are obvious differences in what each expecls to gain from this evaluation. Rex Cuffbelieves that, ideally, a shared custody arrangement would benefit the children, but only ifhe is convinced that Maureen is caring for them, is sober, and is able to take care of the house. If, in fact, she is nol sober, he believes that the children should be 2 in his primary physical custody. In supporting his position with regard to custody, Rex indicated that he believes clearly thai the children love their mother and want time with her. He would like that time to be shared with him; however, he has multiple concerns and information thai leads him to believe that Maureen may not be maintaining her sobriety. He further has consislent complaints from the children indicating that Maureen does not have food in the house and is not taking care of them in the mornings when they need to get ready for school. He added that when Maureen is drinking, she yells at the children and has very low frustration tolerance with regard to providing any support or nurturance to them. Conversely, he did report that she is good with affection and affirmation for the children when she is sober. With regard to concerns about whether Maureen is sober, Rex reported that in September, 2005, he received a phone call from the neighbor indicating that Maureen had 10 be taken to the hospital and was excessively intoxicated. He indicated that Maureen stated that she has been sober now since October 3, 2005; however, he has mounting doubls Ihat she is maintaining that sobriety. He indicated thai after years of experience wilh her, he can tell the change in her temperament He did indicate in his early interviews in the beginning of November, 2005, Ihat he believed it was possible that Maureen was maintaining her sobriety; however, as of January, 2006, he became increasingly more concerned that she was drinking. Finally on 3/8/06, when he was at her home, he directly observed Maureen being extremely intoxicated. He expressed significant concern as of 3/13/06 when he was contacted by Children and Youth and advised thai an anonymous report had been submitted about Maureen and her inability to care for the children because of being intoxicated. According to Rex, the report included that she was drinking, that Ihe house was in disarray, and that there was no food in the house for the children. In her final session of 03-30-06, Maureen adamantly denied that she was drinking again. She stated thai the children's report to Children and Youth was actually about the woman that Rex is currently living with. She was offered numerous compassionate opportunities by the evaluator to admit Ihat she was in relapse by being told information that the evaluator had, however she continued to deny that she was again drinking and essenlially said thai even her "children were lying" because, especially Alexandra, was angry at her for putting their father out" When Maureen was asked to discuss her most ideal schedule for the children, she indicated that she believed the schedule was good the way it was and that Rex should not receive any more time than he currently has. She gave two distinctly different responses regarding Rex's access to the children. She first indicated that she liked that Rex was caring for the children a significant amount of time. She stated that it was "aboul time" that he made Ihe choice 10 be involved in the children's lives, as Ihroughout the marriage, she did all of the care-giving for the children. In addition, she indicated that the children benefil from their time with him and that she can see that they are thriving in his care. Nonetheless, she described Rex as "a palhological liar, a narcissistic personality disorder, and a functional alcoholic." She indicated Ihat he is a "liar" who suffers from sexual addiction and who is only seeking custody of Ihe children for financial gain. She added that Rex's current "roommale", Tammy Jones, is actually his lover and he is hiding that from the children, which she indicates is extremely stressful for the children. 3 When Maureen was asked to justify her report that the children having the amount of time with Rex thai they do was beneficial to them when compared to her concerns about his lying, his sexual addiction, his narcissism, and his functional alcoholism, she indicated that Ihe children have reported to her that Rex and Tammy do not sleep together when they are with him, that they enjoy their time with him, and thai they look forward to it. As a result, she believes that Rex is keeping his pathology at bay while taking care of the children. In an opportunity to rebut Maureen's allegations about him Rex indicated that Maureen consislently blamed and continues to blame everything on him or anyone else she can in order to deflect responsibility for her shortcomings. He denied her definition of him as a "functional alcoholic." He admitted to often stopping to have a drink after work before returning home in order 10 "pul off' the inevitable chaos and tension that would ensue belween him and Maureen when he returned home. He further indicated thai her allegation about him frequenting prostitutes was "preposterous." He did admit to infidelity in the marriage. Finally, Rex adamantly denied that finances were guiding his petition for cuslody. He reiterated on many occasions that he did not think that it was ultimately in the children's best interest 10 be separated from either one of them. He stated that his petition for primary custody was due to a fear Ihal the children were not thriving in their mother's care. With regard to a history of Rex and Maureen's attempts to settle their custody differences, according to Rex, after their separation in June, 2005, he became frustrated with only having access to the children when and if Maureen allowed it. As a result, he retained his current attorney, who was able to secure a custody schedule for him. After the incident in September, 2005 when the police had to be involved at Maureen's home, his attorney threatened to file for emergency custody and, as a result, Maureen agreed to a custody schedule thai was jusl shy of shared custody. That petition also resulted in the parties agreeing to this evaluation 10 determine a permanent custody schedule for the children. FINDINGS findings reported in this section are the result of numerous interviews, a summary ofthe results from psychological tests, a review of several questionnaires, and a review of adjuncl information. Only those findings pertinent to the custody recommendations are included. Rex Cuff Rex was assessed in the course of five face-to-face interviews and also completed the MMPI2 and the MCM12. A review of his family composilion and background, as well as his relationship history, his work history, his medical history and his mental status were taken. In addilion, Rex was observed in relationship to his two children during a one-hour observational inlerview in the clinical setting and during the home study. With regard 10 Rex's childhood and any significant tragedies, traumas and/or problems, Rex indicated that, in facl, he had a relatively happy childhood with the most significant tragedy being the death of his maternal grandmother when he was 12 years old. He is the youngest of! 0 children, ranging in age from 78 to 55. His parents were married for 45 years, both of whom are deceased - his mother in 1986 and his father in 1980. He described his mother as very dominant, as is typical in African-American families and a stay-al-home mom who tended to be 4 both overbearing and controlling. He described his father as a more soft-spoken individual who worked two jobs in order to keep the family - one with the railroad and another part-time job. He described his family as very religious and church-orienled, indicating that he and his siblings were all members of the choir. He recalled disliking his weekends controlled by having to attend church, but currently believes that il was in his best interest because it provided a central moral anchor for him. With regard to his academic life, Rex indicaled that he was a good sludenl and on the honor roll from elementary school throughout high school. He was never a behavior problem and always did well socially. He indicated that the most difficulty that he experienced in lerms of his behaviors was when he was in high school, grew his hair long and was a member of a rock band where he was a bass guitarist from 9th Grade through 12th Grade. He graduated in 1969 from Lewistown High School and attended college in Delaware from 1969 to 1973, receiving his Bachelor's Degree in Business Management. Rex left home for the first time to attend college and did not return home full-time since then. With regard to his work history, Rex has been in sales all of his adult life. He has predominantly sold business equipmenl and is currently with Siemens Communications Network, and he is what he describes as "an established and successful salesman." With regard to his medical history, Rex is treated by Dr. Richard Long at the Family Medical Practice in Camp Hill. He has no history of major illnesses and is currently taking no medications. His only significant medical history was for a broken fibula 12 years ago from playing tennis. He also was in an automobile accidenl approximately 15 to 20 years ago. He does have a significant family history for cancer in that his mother and alleast three siblings are all deceased relative to a cancer diagnosis. His father died secondary to a stroke and he has one sister who also died because of heart disease. Close attention was paid to Rex's use of mood-altering substances, particularly alcohol, since there was a strong concern raised by Maureen Cuff about Rex's "funclional alcoholism." With regard to mood-altering substances, Rex indicated that he does drink caffeine daily, usually two cups of coffee in the morning. With regard to the use of nicotine, he did admit that he has an occasional cigar but never smokes cigarettes. He admitted thai he used marijuana in college but has never tried anything else and has not used marijuana since then. Significantly, Maureen Cuff indicated not only that she believes that Rex is a functional alcoholic bul also provided a written letter from Edward Buran, MS, a therapist who saw Maureen and Rex for one session in 2000. This therapist wrote a letter indicating that Rex had a serious problem with alcohol dependence, which Rex allegedly admitted to and would interfere with any future marital therapy and he, therefore, suspended continued therapy with the Cuffs. This therapist also indicated that he would validate his written perceptions of Rex for any future court hearing. According to Rex, he attended said session and was pul offby the fact that the therapist had prior information from Maureen. He did not recall agreeing with the therapist that he suffered from "alcohol dependence." In assessing the pattern of Rex's drinking, Rex did admit thai he drinks a "couple of beers a day" usually after work. He indicated that he rarely drinks anything but beer. Be did say, 5 however, that occasionally he will have wine with dinner. He denied any ritualistic drinking, although, drinking one to two beers daily can certainly be considered ritualistic. He reported that he tends to listen to his body and has had significanl periods of abstinence, usually one to two months when he is working out. He added that he never drinks during the day and thai he did have a DUI 20-25 years ago driving home after a work deal. He has had no medical symptoms of withdrawal and has not experienced significanl tolerance to alcohol with a need to increase the amount he drinks in order to get desired results. He admits that beer does help him relax. With regard to responding to Maureen's complaint that he had a significanl alcohol problem, Rex indicated that when he was married, he stopped drinking anymore than one to two beers because of the chaotic home life and the need for him to help at home. He did, however, indicate that because of that chaos, he often did stop for a drink before he came home sometimes to elongate and pul off going home. In summary, it does appear that Rex has a patterned style of drinking that may be indicative of alleast a ritualistic and patterned usage of alcohol. He does not, however, drink to intoxication, nor does he drink to any level of impairment that affects any of his daily functioning. Rex has not had any treatment related to his use of alcohol and believes that he could sustain a period of abstinence ifhe so chose. His behaviors related to alcohol fall more in the category of sustained usage thai could become problematic rather than alcohol abuse or dependence. His reporting was credible. With regard to current significant stressors in his life, Rex certainly indicated that the custody issues with his children and Maureen are the only stress that is new. He admitted that his job is stressful and the orchestration of major sales is very stressful; however, he has been sustaining that stress for a significant number of years and successfully has slrategies for coping with it. He indicated that he is consistently worried about the children and, most recently, since there has been significant evidence that Maureen has returned to drinking, he is fearful about their safety. It should be noted that beginning in January, 2006, Rex made multiple calls to the Evaluator to attempt to speed up the completion of the evaluation. This was due to the fact that he was concerned for the children's safety and did not believe he had any other avenue to remedy any alleged difficulties the children could be having since it appeared that Maureen was drinking again. With regard to his presentation in numerous interviews, Rex appeared open, verbal, with good eye contact and a normal rate and tone of speech. His thought processes were logical with no odd or bizarre behaviors noted. Rex did appear 10 have a tendency to be anxious and urgent, although, with a strong tendency to mask that anxiety in attempts 10 present a calm demeanor. Rex did not manifest any of the vegetative signs of depression or other symptoms of a stress- related illness, and his manifest anxiety seemed to be directly related to mounting concerns for his children's safety. Rex's thoughts and moods, including his anxiety were congruent with the current issues in his life and with the purpose of this evaluation. Results of Rex 's MMPI2 revealed a marginally valid profile in an individual who appeared 10 be under-reporting his potential problems. His clinical scales were within normal limits but must be considered in light of the marginal validity of his test. Results of Rex' s Millon indicated only a mild tendency to evade problem areas and further showed no pervasive and pathological personality traits that would cause any concern. Of mosl significanl 10 his Millon was the 6 presence of very mild obsessive/compulsive traits and a tendency to mask insecurities with a functional fayade. As a person's lived experience is the best indication of the validity of psychological tests, it is notable that Rex was perceived as overtly friendly, outgoing, calm and expressive. However, his level of insecurity about the children and about the oulcome ofthe evaluation often broke through his outward demeanor of friendliness and a laid back/together style. His tendency 10 under attend to his anxieties was noled in his lesl taking as well as in his oulward demeanor. In a one-hour observation of Rex with Alexandra and Ryan, it is apparent that there is an obvious bond between the children and their falher. There is an obvious diffcrence in the children's temperamenls, with Ryan being quiel and passive and Alexandra being very verbal. Father was good at providing affirmation and a 10ving voice tone and, as well, good at moving between affirmation and structure. In addition, father did a good job explaining the boundaries that he set and the children did a very good job responding to them. Father was also good al dividing his attention between the children and used an interviewing style with them to get them to talk about life experiences and fun activities that they all did together. There was humor and warmth among all three persons in the observation. Most significantly, father did a very good job of reinforcing positive behaviors and while redirecting negative ones. His style was effective with both Ryan and Alexandra. Finally, the presence of close proximity and physical affection between all three was apparent. A second observation of Rex with the children occurred during the home study. It is notable that there were no deficiencies or safely hazards found with regard to the home, ils 10cation and its child-centered decor. It was described as spacious, neat, clean, and well kept. During the study, the children's bond and warmth with their father was noted by the home study evaluator. In addition, the children appeared calm and cooperative with their father. During the home study, attention was paid to Rex's relationship with Tammy Jones, with whom he currently lives. Despite the fact that Maureen Cuff believes that he is in a romantic relationship with Tammy, Rex, Tammy, and the children deny such describing Rex and Tammy as friends. They have separate bedrooms. Rex indicated that they are roommates living in her home and sharing expenses. According to the home study evaluator, it was apparent that Rex and Tammy live separately within the house. It should be noted that Ryan was very clear that "dad lives with his friend, Tammy, who is not a girlfriend." He indicaled thai Tammy and his mother "used to be angry at each other, bul now it's better because mom is nice on the phone." It is also notable that Alexandra confirmed that Tammy is just a friend of father's and not a girlfriend. Maureen Cuff Maureen was assessed in the course of five face-to-face interviews and, as well, completed the MMPI2, and the MCMI2. A review of her family composition and background, as well as her relationship history, her work history, her medical history, and her mental and emolional status were taken. In addition, a drug and alcohol hislory as well as urine testing for alcohol on three separate occasions was also reviewed. 7 With regard to her childhood and any significant traumas or tragedies, Maureen reported that her mother was and continues to be an active alcoholic. She described her childhood as "rocky at limes, but mainly great." She described her mother as 10ving and kind but did admit that she and her mother fought a lot during Maureen's adolescence. She described her relationship with her father as extremely supportive. She admitted that her father enabled her mother's alcoholism. Maureen is the older of two siblings. She has a brother 3 years younger than her who resides in Philadelphia. Maureen left home for the first time at the age of 17 when she attended Shippensburg University. With regard to her academic and social milestones, Maureen reported that she was an excellent student academically all through elementary, middle and high schooL She was not a behavioral problem and did not have any social problems making friends, etc. She graduated from high school in 1977 and, as stated, attended Shippensburg University receiving her B.S. in Social Work in 1981. She subsequenJly received her Masters in Social Work in 1993 from Temple University . With regard to her work, Maureen admitted that once the children were born, she did not work. She is a Licensed Clinical Social Worker who is currenJly self-employed. She recently returned to the work force and reported Ihat she has four contracts including Jewish Family Services, Northwest Human Services, Comfort Care, and her own private practice. She reported loving her work and being glad to be back in Ihe work force. She described her work as a positive source of self esteem for her. Wilh regard to Maureen's medical history it is remarkable for the trealment of Alcohol Dependence and for the trealment of Depression although her diagnosis was not specified. She is currently taking Effexor, an antidepressant, and Campral, a relatively new medication (2004) used to balance brain chemistry in recovering alcoholics who have recenJly returned to abstinence and is designed to be used in conjunction with therapy and support groups to help maintain abstinence. Maureen is not being treated for any other medical conditions. She is also not receiving any therapy at this limer. She reported that she is attending AA every other day. With regard to the use of alcohol and other mood-altering substances, it is notable that close attention was paid to Maureen's hislory and present usage of alcohoL In addition, Maureen was randomly tested on three separate occasions for the presence of alcohol in her system. Those tests were dated 12/14/05, 1/04/06, and 1/10/06. In all three tests, no detectable amount of alcohol was found in her urine. With regard to her current use of alcohol, in her interview on February 8, 2006, Maureen indicated that she had her last drink on October 3, 2005. She additionally reported that she was attending AA at the Fellowship House on 19th Street in Harrisburg every other day at the noon meeting. She reported that it felt wonderful "to be sober again." She added "I'm the best mom when I'm sober." She indicated also that she needed 10 stay away from toxic people and to continue to go to AA in order to mainlain her sobriety. She summarized that she simply has a much better life being sober. She added that she also needs to stay away from Rex because he knows how to "push her buttons." She indicated Ihal the custody evaluation is one of the ways he is pushing her buttons, since it's very stressful for her. She indicaled that il is that kind of stress that makes sobriety more difficult to sustain. 8 With regard to a history of her usage of alcohol, Maureen indicated that she first drank in 8th Grade at a gradualion party for a friend. She recalled drinking to intoxication at Ihat time. She indicated that she was attracted to alcohol because it seemed 10 quell her internal sense of anxiety and self-consciousness and give her a feeling of euphoria. As a result of understanding clearly the benefits of using alcohol from her first usage in 8th Grade, Maureen reported that she continued to drink throughoul her Junior and Senior years in high school, indicating that she mostly hung out with kids who smoked pot, but because she didn't like pot, she drank beer instead. She recalled attending keg parties in various localions. Maureen reported that throughout college, she began drinking even more frequently than she did in high school, expanding her drinking to every other day and expanding the amount she drank. She reported Ihat in 1983 al the age of24, because of problems in her marriage, she noticed Ihal her drinking again expanded and she was drinking daily. She recalled going 10 outpalienl counseling for her daily usage, but because she was married to somebody who was using, she had a hard time remaining sober. Maureen continued to drink regularly and reported that in 1988 she had a DUI. Maureen attended her first inpatienl detox in May, 1989. This was after briefly dating Rex and his suggestion that there was unmanageability in her life. After this detox, she attended a 30-day rehabilitation center called Roxbury. After that she lived in a half way house, first in Richmond, Virginia, and Ihen in Hagerstown, Maryland. She moved to Greencastle, P A., and completely terminated her relationship with Rex, indicating that he was toxic for her and she feared that she would not be able to maintain her sobriety. She ultimately returned 10 a relationship with Rex and from May, 1989 until December of2000, she maintained her sobriety. She was in full-blown relapse by April, 2001. Despite the fact that Maureen has had several periods of abstinence since April, 2001, she has also had multiple relapses. She indicated thai the reason for these relapses was that Rex did not support her sobriety and often encouraged her to drink and also refused to help her with the children. With regard to her family history, il is notable that Maureen's mother is an active alcoholic and has been so for the past 40 years. She is currently suffering from TIA' s and is not healthy. This is a significanl source of stress for Maureen at this time. Maureen also indicated that her mother's sisler may also suffer from alcohol dependence. Maureen further reported thai she believes that Rex Cuff is a "functional alcoholic." With regard to any loss of relalionship due to her alcoholism, Maureen indicaled that her first marriage ended because of alcohol usage. With regard 10 medical symptoms that Maureen has experienced secondary 10 her alcohol usage, she indicated that she has experienced memory blackouts as well as tremors and shakes when not using alcohol. She denied any DTs or hallucinations during periods of withdrawal. Finally, with regard to the use of any other mood-altering substances, Maureen did report that she tried marijuana bul did nollike it because she felt paranoid. This occurred while she was in high school, and she has had no usage since then. She further indicated that she occasionally used Dexedrine by prescription from a local physician who prescribed it 10 her for weighlloss. She indicated that significantly she experiences relief from her anxiety and self-consciousness much in the same way as she does with alcohol when she uses Dexedrine. Maureen further reported having experimented with cocaine, which also was gratifying for her in the sense that il also gave her relief from her inlernal anxiety. Her use of cocaine occurred during college as did her use of stimulants in Ihe form of Dexedrine, and she denies any usage since then. Maureen indicated that she did smoke cigarettes, bul her last usage was in April, 1996. 9 It is notable that despite the fact that Maureen reported that her last drink was October 3, 2005, (she made this report to the evaluator on February 8, 2006, as well as on 03-30-06) multiple forms of information suggest otherwise. For example, on 1/13/06, Maureen was observed at Scott's Bar and Grill in Harrisburg, P A, intoxicated and needing to be flagged by bartenders. In an interview with the bartender who escorted her from the bar, it appeared that she left the facility and drove her car despite the urgings of Ihe staff al the bar for her to call a cab and 10 surrender her car keys. On 1/18/06, Maureen appeared at the Evaluator's office 10 lake a psychological test and it was the dislinct and clear impression of the staff person who assisted her wilh the lest that she smelled of alcohol. Notably, that slaff person would have no knowledge of any allegations regarding Maureen's use of alcohol. On 1/21106, in the Evaluator's first interview with the Cuff children, both children told the Evaluator of a frighlening circumstance where Iheir molher was driving Ihem 10 a restauranl and she almosl hit "a garbage can, a guardrail, and another car." She was described as "her eyes being half closed." When the children were asked if they believed their mother was drinking, they said "no, because she promised she wouldn't." Alexandra eXplained that her mother said she was having trouble driving because her "foot hurt." During thai same interview, both children also gave multiple complaints of mother not having food for them, not attending to them, and spending most of her time on the computer. They described eating dinner from a restaurant most evenings and the house being in disarray. In the children's second interview on 2/11/06, Alexandra expressed disappointment that she knew her mother was drinking "in her bedroom" because she could smell it. She said that she asked her mother, but her mother denied it. Alexandra said it didn't matter what her mother said because "she could lell." In addition, the difficulty scheduling Maureen from 02-22-06 on was previously documented in this report. Finally, on Saturday, 3/11/06, this Evaluator received phone contact from Rex Cuff, who indicated that he had been contacted by Cumberland County Children and Youth indicating thai someone had filed a complaint alleging that Maureen was "drinking and not caring for the children." Rex was unaware of who made the complainl but understood that whoever did so was able to speak first with one of the children then substanliate the information by talking with the second child. It appears it may have been the school, as they would have been the only persons who would have had access to both of the children. In a conversation on 3/14/06 with a staff person (Corrine Daley) at Cumberland County Children and Youth she indicated that the complainl was received due to the fact that Maureen was allegedly regularly intoxicated and not caring properly for the children. Ms. Daley was not able to disclose who made the complaint. She did indicate that she would be going to the school the next day to interview the Cuff children and that they would not be able to interview Maureen Cuff until 3/24/06, as Maureen had advised them that she would be unavailable until thai time. Finally, in his 3111/06 phone calI, Rex Cuff indicated that he had been at Maureen's home on Wednesday, 3/8/06, and it was clear thai she was very intoxicated. Finally, during the 3/23/06 home study by Anthea Stebbins, il was apparenl thai the house was very unkempt and there was a lot of disarray and an odor of animal urine in the house. During thai home study, Alexandra was forthright complaining of her mother's drinking and there was more than one dysfunctional interchange between Alexandra and Maureen with regard to Maureen's care or lack thereof and with regard to Alexandra's allegation that mother had brought in a relative to help her clean up the house prior to Children and Youth coming to the home. The sum total of all of this information indicates that despite Maureen Cuff's report that 10 she is and has been sober since October 3, 2005, she may be in a state of relapse at this time, and Ihere is queslionable care of the children. The information also diminishes the credibility of Maureen's reporting. With regard to her presentation in interviews, Maureen was open, verbal, and responsive to questions. She had a normal rate of speech often with a loud volume. She made good eye contact in her interviews. However, her responses were not always content specific as she had a strong tendency to focus on blaming and negative descriptions of Rex. She often gave inconsistent information and denied the direct information provided by olhers that indicated that she is currently drinking. Based on the information from the children and other sources compared to information from Maureen, il is apparent thai she uses minimizing and denial, if not direct fabrication, with regard to some of her responses. There is a palpable level of hostility and anxiety apparent in Maureen's presentalion style. She at times appeared inappropriately loud and boisterous, al other times hostile and defensive, and at times calm and focused. Results of Maureen 's MMPI2 were considered invalid because of Ihe extreme defensiveness and attempts on her part to maintain a fa<;,ade of adequacy and control while admitting to no problems or weaknesses. Results of Maureen 's Millon also showed a distinct tendency toward avoiding self-disclosure. The most notable characteristic that evolved from the test was a sense of anxious conformity, rigidity and compulsiveness. She was described as having self-doubts and low self-esteem, which could result in a chronic pattern of quiet conformity or rigid behavioral patterns. There was significant elevation on the scale for compulsivity and the tendency to use a rigid sense of conformity as a means of repressing underlying anger or hostile feelings. She was described as an individual who worked hard to hide her anger and yet her life was likely to be punctuated by breakthroughs and oulbursls of thai anger. As a person's lived experience is the most notable way to determine the validity of psychological tests, it is noted that Maureen's long-term pattern of alcohol dependence could certainly be her way of masking the inner sense of insecurity and her attempt to repress more hostile feelings. It could also serve as the rigid behavioral pattern that she uses in order to manage her inner world. Most notably, her extreme defensiveness and attempls at a fa<;,ade of adequacy and control were also notable throughout the process. In a one-hour observation of Maureen with Alexandra and Ryan, there was an obvious bond between Maureen and the two children. The bond was both tentative and chaotic with the presence of excitable talking by both kids and the appearance of the children trying to entertain Iheir mother. Most significantly, both children appeared 10 use baby talk and both children rarely stopped talking to the point that they often both talked over each other both attempting to give input to their mother. Throughout the course of Iheir playing games and being excitable, it was rare that mother attempted to stop the dynamic of the children both talking at the same time This lack of boundaries by mother created a sense of urgency and excitability as well as chaos. It was notable that the children were significantly different wilh their mother than with their father. They appeared less calm with chaotic interchanges with mother and more calm and self- controlled with father. As reported previously, the second observation of the children and Maureen occurred during the home study. It was notable that the home study evaluator found the same verbal chaos with the 1] children and, as well, noted that Alexandra was particularly confrontational and aggressive with her mother, pointing out her mother's shortcomings and somewhat goading mother into dysfunctional exchanges. It was notable that in all observations of the children with their parents, Ryan was more passive than Alexandra. This was also noted by the home study evaluator in Ihe observation al mother's home. In addition to observations of the dynamics with the children and Maureen, the home study evaluator found the home to be in disarray, 10 be unkempt and unclean, with an odor of animal urine in the house. Alexandra Cuff, A2e 9, DOB 11/26/96 Alexandra Cuffis the 9 year-old natural child of Rex and Maureen Cuff. For the purpose of this evaluation, she was interviewed independenIly for one hour on two separate occasions, once accompanied by her father and once accompanied by her mother. In addilion, Alexandra was observed in the clinical setting with her father and separately with her mother both for one-hour periods. Finally, Alexandra was observed in relationship to both of her parents during the home evaluation process. Adjunct information with regard to some of Alexandra's homework was also reviewed. In the two separate interviews, Alexandra was questioned about her custodial preferences, as well as her current functioning. Alexandra was verbal, outspoken, intense, and displayed a high degree of need for attention in both of her interviews. She was cooperative and informative throughout both of her interviews. It was notable that Alexandra volunteered significant amounts of information by being asked one brief question. She appeared to want to unload information about what was happening in her mother's home and provided exlended examples when asked brief questions. Alexandra denied any overt coaching by either of her parents about this evaluation or about how she should respond to the Evaluator. She indicated that she had no information from her mother with regard to evaluation procedures but was advised by her father that she was going to be talking to the Evaluator. She did indicate that she could probably predict how each of her parents would respond to her custodial preferences. Having indicaled that she would like to expand her time with her father and decrease her time with her mother, she indicated that her mother would probably "be really mad and hit her because she's mean and things." She indicated that her father enjoys being with her so he would probably like what she had to say. When interviewed about her custodial preferences, Alexandra indicated that she would like to spend every other Friday, Saturday and Sunday with her mother and the rest of the time with her father. When asked to substantiate why this would be her preference, she reported "my mommy is mean to me." In her first interview, she reported thai her mother was driving and almost crashed the car. She indicated thai they "bumped a car ala red light" and that her mother's eyes looked like they were starting to close. Then she added that they almost crashed into a guardrail. Alexandra added that she thoughl she smelled alcohol in the house and asked her mother if she was drinking and she said she wasn't, although Alexandra said she wasn't sure she believed her. She thinks that maybe she might be drinking behind her back and Alexandra reported feeling disappointed about that because "she is a better mom" when she isn't drinking. Alexandra said that her father is quite different in Ihat he seems to enjoy being with Ihem and is never mean. She said that he only sends them to their room for a few minutes when Ihey do 12 something wrong. She indicated that her father must really enjoy being with her because her mother lold her that he has to pay money for each time that she goes to his house. She added that her mother yells all the time and has been yelling for as long as she can remember. She recalled one time in 2nd Grade that she heard her mother scream and she woke up. Her mother then said "your dad broke my arm." Alexandra noliced that her mother was very drunk and her father said it wasn't true. Alexandra recalled that her mother never did have a cast on her arm. Alexandra also said sometimes at night she used to hear her mother calling her father an "f-ing shit." Alexandra added "1 don't Ihink that's true because he's very nice." Alexandra added thai her mother doesn't get dressed very often and she doesn't usually take her to get what she needs. She did report that her mother does get up early in the morning to wake her and her brother up but then says "if you miss the bus, I'm not driving you" and then goes back to bed. Alexandra also indicated that they never have breakfast when they're at their mother's, that there is no food in the house, and that they can only have waler from the sink to drink. She reported regularly going to school without eating and being taken for fast food for dinner either at Burger King, Red Robin or McDonalds. Alexandra reported Ihat Ihere is always good food to eat when she is with her father and that he gets up with her and helps get her ready for schooL Significantly, in her second interview where Alexandra was accompanied by her mother, when first alone with the Evaluator, she spontaneously provided a variety of information. She started by saying "mom said that talking to you is really important because you're gonna fmd out which house I'll be living in." She then added that she clearly believes that her mother is drinking behind her back because she smells stuff in her room. She said that she is currently having Jrouble falling asleep because she's so worried about her mother's drinking. She also gave an example thai one time her mother promised 10 take her to a restaurant because she was hungry and then her mother changed her mind. When Alexandra challenged her about why she would not take her, her mother said "I have too much work" and went upstairs, although Alexandra reported that she tipped back and almost fell a little bit trying to go up the steps. Alexandra added that she wishes her mother would spend time with her like she did when she was little. Alexandra recalled that it was probably that her mother told her that "she always liked her better when she was a baby because she was quieler." Alexandra was asked if she nnderstood why her parents no longer live together. She indicated that it was because they fought over everything. When asked if she knew how her mother felt about her father, she replied "mad and mean." When asked if she knew how her father felt about her mother, she indicated that "he is kind of upset at her because she yells at us and isn't taking care of us." Alexandra added Ihat she wasn't sure thai her parents should have ever broken up because she liked it better when her father was around more at her mother's house. She indicated that she remembered that dad went to work and mom would always want him to be home on lime, but sometimes he was late and that's why her mother broke up with him. She indicated that her mother is often "mad about everything" and suggested that her mother even yells at her own parents and doesn't want them around. Alexandra reported that she is confused by this because she thinks that Ihey are really nice. Alexandra was offered the opportunity to compare her parents with regard to a variety of parental skills. With regard to the actual house that each of her parents live in, she indicated that her father's house is clean and has lots of space. She described her home with her mother as dirty with toys everywhere and bugs and spiders in the basement. She said that every room is 13 messy and there are "dirty wrappers on the floor and everything." She said that, in general, her mother's house is "a mess." With regard to how each of her parents expresses themselves with regard to discipline, she described her mother as yelling, hitting and being mean in response to her misbehaviors. Alexandra indicated that her mother is different when other adults are around and never yells at her then. She added that when no one else is around; "she really yells a lot at them." She described her father as giving time-outs in her room and saying that he knows that she "learns her lesson pretty easily." With regard 10 who is helpful with homework, Alexandra indicated that her mother makes her do her homework by herself, while her father helps her and watches over her. She did believe that both of her parents were inlerested in her school work. With regard to giving advice, she indicated that her father is always helpful and thai her mother is often on the computer and doesn't want to be bothered. When asked about each of her parents handling her fears and worries, Alexandra again indicated that her mother just wouldn't help because she's either on the phone or on the computer, while her father would be helpful. Finally, she indicated that her father is the person who takes her to her activities, taking her to dance class for the pasl year. Alexandra was asked to list the significant strengths and weaknesses of both of her parents. With regard to her mother's strengths, Alexandra indicated that il was hard to think of any. Again, indicating that she is always working on the computer. After thinking for awhile, she did indicate that her mother is "a little good at caring for the pets." With regard to her mother's weaknesses, she indicated that "she is mean, she yells, and she needs to take care of us better and buy some food for the house." With regard 10 her father's strengths, she indicated "he takes good care of us and he's always helpful when I need it." Alexandra couldn't think of any weaknesses for her father. With regard to her medical history, Alexandra is treated by Charles Darowish and Associates and has been treated there since her birth. She is currently on Adderal for Attention Deficit Hyperactivity Disorder and is on no other medications at this time. With regard to her social hislory, Alexandra is a 3rd Grade student at Green Ridge Elementary School in the Mechanicsburg School District. Her teacher is Mrs. Wagner, who Alexandra says she likes because she always sticks up for the kids and says they can do anything. She said a typical report card for her is A's and B's and that her favorite subjecls are Science, Spelling and Reading and that her least favorite subject is Math. It should be noted that by parental report, Alexandra is in learning support classes because of her Attention Deficit Hyperactivity Disorder. In addition, she takes medication. With regard to whether she gels in trouble in class, she indicaled that she's been late about five limes this year, only when she is at her mother's house. She indicated that she must not get enough sleep and maybe that's why she's late. She also said Ihat two months ago she got in trouble for sticking up her middle finger. She recalled not realizing that was somelhing wrong and came home angry at her mother for not teaching her Ihat it was something wrong. With regard to friendships, Alexandra described herself as someone who used 10 have trouble making friends. She said that now she has a few friends in school. She said her best friends are Jackie and Molly, and they live close to dad's house. She has another best friend, Jordon, who lives close to her mother. She indicated that her favorite activity is simply 10 play "all kinds of stuff" with her friends. She said that her most favorite activity is being outside in the fresh air. 14 With regard to Alexandra's mental and emotional status, she indicated that she has differenl feelings depending on which house she's in. She reported that when she is with her father, her most common feeling is happy and excited. When she is with her mother, she reported that she is happy, sad, mad and afraid. When asked when the last time was that she was angry, she said most of the lime when she's with her mother because "mom is mean and frustrates her." When asked how she looks when she's angry, she said "1 think I am snappy and I get my meanness from my mom." Alexandra spontaneously added that her mother's parents said that she was an angel when she was a kid, but that now that she's gotten older, she's started to say bad words and be mean. Wilh regard to her own anger, Alexandra indicated Ihat she tried to calm down but she isn't very good at it. She indicated that she is sad when someone that she 10ves dies or moves away. With regard 10 fear and worry, Alexandra said that sometimes she is afraid of her mother and olher times she is afraid after watching scary television shows. With regard to depression, Alexandra said "I'm depressed a lot at my mom's but only a little bit at my dad's." While questioning Alexandra about her feelings, she, again, gave spontaneous information. Alexandra spontaneously reported that her mom's parents always yell and that's probably where her mother got il from. She then added that one time when Alexandra called her maternal grandparents because she was worried about her mother being drunk, her mom grabbed the phone and yelled at her parents "they're my responsibility." Alexandra reported Ihat her maternal grandparents then came to the house to get them and "take them to a safe place." Alexandra added "they don't even like Iheir own child. I think because my mother's parents punished her as a child, she is getting back at them now by being angry at them." With regard 10 projective questions, when asked what she would wish for from a family genie, Alexandra indicaled (1) I would want a pel bunny and a pet pony; (2) I would wish for my mother to treat me better and work less; and (3) 1 would wish for three more wishes. When asked what she would wish for if she were granted three general wishes, Alexandra indicaled thai she would wish for a pet bunny and could not think of two other wishes. When asked if she could do one thing and get away with it without any consequence what she would do, Alexandra indicated that "I would go shopping all day and not have to pay for anything." When asked to name three things she liked about herself, Alexandra indicated that she is sweet, good at helping friends with their hair and outfits, and she is generally helpful to other people. If she could change one Ihing about herself, she said that she wished she had a cleaner room at her mother's house, and she would really like to change that her friends lhink she's mean sometimes. Finally, at the end of her second interview, Alexandra was asked to again discuss her custodial preferences and, as well, to discuss if either of her parents had attempted to sway her opinion or reacted to anything with regard to the evaluation. Alexandra responded that her mother had lold her to "say nice Ihings." Most specifically, she indicated that her mother had asked her what she said to Ihe Evaluator on more than one occasion. Alexandra reported not telling her mother what she said because she would be "afraid of how her molher reacts." With regard to any change in her cuslodial preferences, Alexandra did report that she would like even less time with her molher than she had said initially and even more time wilh her father. The sum total of Alexandra's presentation in her two interviews does indicate that she is an anxious and traumatized child who is spontaneously aggressive and disclosing about the lack of care, security, and safety that exists for her at her mother's home. Throughout her interviews, 15 Alexandra told a very plausible story of her mother's use of alcohol, her increased inability to hide her use of alcohol and the resulting lack of any substantial care by mother as a result. Alexandra was clearly in need ofletting the Evaluator know her concerns about her mother and the fact that she feels unsafe with her mother because of her mother's meanness and yelling. She also repeatedly spoke of mother's lack of care, including not cleaning the house or waking up to gel her ready for school or feeding her. There was a somewhal desperate and frustraled tone to Alexandra's reporting. In every way, Alexandra showed a preference to be in her father's care and showed Ihat the safety and security that she is seeking occurs more with him. Allhis time, she is experiencing at least an adjustment disorder and it appears directly linked to her disappointment and frustralion with regard to her mother's drinking and her lack of nurturance and inconsistent relationship from her mother. It is notable that the investigation by Cumberland County Children and Youth, although unfounded, was due to Alexandra's conversations. According to the worker from Children and Youlh, their criteria did not allow them to consider what was occurring in molher's home as neglect. The worker did report to the evaluator thai Maureen did agree to refrain from drinking around the children. Rvan Cuff. A~e 7. DOB 6/3/98 In two separate interviews, Ryan was questioned about his custodial preferences and his current functioning. Quite opposite from his sister, Ryan was reserved and somewhal reticent in terms of providing responses to the Evaluator. His response patterns were coherenl and content specific; however, his general resistance to providing information about his home life was observed. Ryan denied any overt coaching by either of his parents about lhis assessment or his responses. Like his sister, he indicated that he had very little instruction about what was going to happen in the evaluation process. When asked ifhe understood the current custody schedule, he reported that he wasn't sure; "all he knows is that sometimes he spends one ovemighl wilh his father and sometimes it's more." When asked about his knowledge of whether either of his parents would have a reaction about his feelings about custody, he indicated that both his mother and father would feel good about whatever he wanted. With regard to his custodial preferences, Ryan was clear that "secretly" for every one day he spends at his mother's, he would like to spend Iwo days at his father's. When asked to expand on why he would like twice as much time with his father as his mother, he indicated that "I want 10 be with my dad a lot, bul I can't." "I like playing with my dad and my mom yells at me and I just want it 10 stop." "Also, Ihere's hardly any food at my mom's house." When asked ifhe understood why his parenls were no longer living logether, Ryan said "cause my mom was always yelling cause dad made money and mom didn't, so mom wanled dad to pay her money. Dad didn'l yell; just mom. 1 don't like my family not being together. It feels bad." When asked ifhe knew how his molher fell about his father, Ryan indicated "she still wants him to give her money and she's mad at him and uses bad words." When asked how his father felt about his mother, Ryan indicated "Dad tries to stay nice. He's never upset." When asked how his parents currently speak to each other, he said "about half and half - sometimes angry and sometimes nice." 16 Ryan was asked to compare his parents' homes with regard to a variety of parenting activities. First, he was asked to describe what it's like on a morning going 10 school at both his mother's house and his father's house. With regard to being at his father's house, he indicated "we get up, get dressed, brush our teeth, get our backpacks together and then have breakfast." He said his father is always up and helps by getting breakfast and helps them get dressed. He said that at his father's house, breakfasl is pancakes, waffles or cereal. He indicated that at his mother's house, she doesn't get up with them. She just wakes them up and says "get ready" then goes back to bed. He said ifthere' s anything to eat at all, it's usually instant oatmeal. He added that mosl of the lime he goes to school withoul ealing. He added that it's easier at his dad's, because his mother is "always yelling while getting him ready for school if she gets up or nol any help at all cause she goes back to bed." When comparing the houses each of his parents live in, he indicaled that his mom's house is messy but that he likes her couches and bedspread. He described his father's house as nice and neat and with a bunk bed that he likes. When comparing his parent's discipline styles, he described his mother as yelling, spanking and being scary. He described his father as just talking when he misbehaves. With regard to which of his parents does best at helping with homework, he indicated that they are pretty much Ihe same. With regard to giving advice, he said he only goes to his father who is good at giving advice. He indicaled that both of his parents are good at helping him with his activities. Ryan was asked to list significant strengths and weaknesses for each of his parents. With regard to his mother's strengths, he said "sometimes she's nice; sometimes she's helpful; and sometimes she helps with the computer." With regard to her weaknesses, he indicated that she yells too much and she hits too much. With regard to his falher's strengths, he said "he helps me do stuff; he helps me read books; and he just helps me a lot." Ryan indicated that he could not think of any weaknesses in his father. When asked about why he believed his mother yelled so much, Ryan indicated "I asked her about drinking and she said she used to but not now. I remember that she drank too much a long time ago and Ihat could be why." Ryan also indicated that his mother yells somelimes because she's upset with dad. He recalled an incident where dad went somewhere and Tammy took care of them for a brief period of time. When they told their mother that Tammy took care of them, mom got very angry and yelled at dad and said "no more." Ryan then added an incidenl where he was crying because his mom was driving the car and she almost hit another car, a trash can, and a stop sign. Like his sister, Ryan indicated that his mother reported that her foot was hurting and Ihat's why she was driving so poorly. With regard to his medical history, Ryan is treated al Charles Darowish and Associates. 11 appears that his medical hislory is unremarkable with the exceplion of ear infections. With regard 10 his social history, Ryan is a 1 sl Grade student al Green Ridge Elementary School in the Mechanicsburg School District. He said that typically his grades are all "smiley faces and stars." He reported that his favorite subject is Math because he really likes numbers, and he doesn't have a least favorite subject. He said that his leacher's name is Mrs. Messner, and he likes her very much because she is nice. With regard to behavioral compliance, Ryan indicated he had only ever gotten in trouble one or two limes in school. When asked to explain why he had gotten in trouble, Ryan responded "I don't really wanl to talk about it." With regard to any educational plans for his future, Ryan indicated that he'd like 10 be what his father is - someone 17 who sells computers and 10ts of other things. He indicated that he had gone to work with his father one or two times and it 100ked like it was fun. With regard to friendships and activities, Ryan reported that he has an easy time making friends because "kids like him." He reported getting selected most often for games and parties, etc. He said that his best friend was a boy named Ridge who he knew from school. He also had friends named Matthew, Chase and Stephen, all of whom he likes playing tag, kickball, soccer and video games with. He said his own personal favorite aClivities are watching Yugioh on television, playing soccer and foolball. With regard to his mental and emotional status, Ryan indicated that his most common feeling was happiness, which occurs playing with friends. When asked about anger, he said thai he couldn't remember the last time he got angry, but he knows he gets really quiet when he's angry and he usually tries to talk 10 an adult. He recalled being really sad when he first found out that his mom and dad would not be together. He also recalled crying and talking to others about his feelings. With regard to fear and worry, Ryan indicaled that he is afraid of spiders and he copes by "smashing them." With regard 10 any depression, Ryan indicated that he is blue or down once in awhile, but he doesn't really remember the last time. With regard to projective questions, when Ryan was asked what he would wish for if a family genie granted him three wishes, he first responded by saying "you know, genie's aren't real." When encouraged to ponder any wishes he might have about his family, he indicated "I'd only have one - that they'd be back together." When asked for any three general wishes he would have from a genie, he said "I suppose just one - that Ihe genie would go away." When asked if he could do one thing without any consequence and get away with it, he said he would "steal stuff." When asked to name three things that he liked about himself, he said "he was glad he had arms; thai he has a good brain and can think and control his body well; and that he has good vision." He said ifhe could change one thing about himself, "he'd have four arms." In his second interview, when he was accompanied by his mother, Ryan was asked ifhe had any changes from his fust session with regard 10 his custodial preferences. He said he didn't, but he noted that his mother was paying more attention to him today than usual. He added "but there's still no food at home and I was late for school about five limes because of being with mom." When asked if anyone got angry or had a reaction when talking about what he may have said in the evaluation, Ryan indicated that about one month ago, his mother started crying because he told her that he told the Evaluator that he wanted to spend more time with his dad than with her. Ryan reported that he was sad watching his mother cry and thought maybe he should change his mind to making the schedule equal. In summary, Ryan presents as a quiet, passive, somewhat reticent 7 year-old who is clear with regard to his thoughts and emotions about his custody preferences and about the family separation in general. He was able to describe with sadness his feelings about the family not being together and his feelings about his mother not having food and not waking up in the mornings to get him ready for school. Although he does nol manifest as many overt symptoms of trauma as his sister, it is notable that he expressed somewhat protective feelings of his mother and conflict as a resull of wanting less time with her. His symploms do not appear 10 be at the proportion of an adjustment disorder at this time, although one should be cautious since Ryan 18 tends to be more passive and less expressive about what might be happening with him emotionally. EVALUATOR'S SUMMARY AND IMPRESSIONS It is important to note that there were no fmdings in this evaluation that would cause concern leading to the total elimination of either of the parents in Alexandra and Ryan's lives. However, there is signiticanl concern aboul mother's current functioning and its impact on the children's care, safety and security. There is also concern about the inability of the parenls to function in any productive way as co-parenls, firsl because of mother's current functioning but second because of Ihe unresolved conflict thai exists between them. Finally, the needs of the children are extreme at Ihis point and any custody schedule must consider their unique needs. With regard 10 mother's current functioning, there is significant evidence from multiple informants thai she relapsed and has been drinking since January, 2006. There is significant concern on the part of the Evaluator that mother is unable to function in any productive way as a parent. More importantly there is concern about mother's denial of her relapse despite multiple examples to the contrary. Her current functioning, strongly presumed to be because of a relapse with alcohol, is affecting the children's ability to thrive at a profound level. Mosl significantly, the impact of mother's current functioning and allegations that it is due to her use of alcohol is seen in the repeated and urgent reports of Alexandra with regard to her mother's unmodulated anger as well as both children's consistent reports that they are not cared for with regard to food, a clean home, being prepared for school in the mornings, affection and attention from their mother, or nurturing conversation from Iheir mother, etc. With regard to the strained co-parenting environment is most likely not able to be remedied without mother first addressing her issues. Also, significantly, because of the long-term conflict belween the parents and the relatively short period oftime that they have been separated, it is not unusual that they are unable to find any reasonable level of communication. It is notable thai by the report of both mother and father, there have been times since their separation when they've been able to communicate with regard to the children. However, there are more times when the relationship is strained. There is great concern on Ihe part of the Evaluator with regard to Alexandra's current emotional functioning. She manifests many of the symptoms of a child of an alcoholic parent in that she is anxious and overly expressive, almost blurting out fearful circumstances that are occurring in her mother's home. Alexandra appeared determined to expose her mother's drinking and expressed excessive sadness and frustration about her mother's return to drinking after promising not to. Ryan also displayed signs oflack of safety and security while in his mother's home. The difference between Ryan and Alexandra is that Ryan lends to be protective of his mother's feelings, while Alexandra is so disappoinled and frustrated that at Ihis time, she is, in essence, aggressive and confrontational wilh her mother. Sadly, of most significance is the fact that Maureen Cuff appears to be in a serious relapse with her alcohol dependence and, therefore, unable to care for Ihe children in any way that is productive for them. Ifher denial were truthful, the evaluator would have even more concern about her parenting deficits. If she is not in relapse, then her parenting is so deficient that the 19 children need relieved of her care and she may not have an avenue to recover time she will lose with them. At this time, it would be clinically irresponsible to make any recommendation that Maureen currently have primary care of the children. In fact, the evaluator is so concerned about the children's current and 10ng term welfare in her care that as long as she remains in her current level of funclioning, she should have no overnight time with the children until such time as she, seeks treatment, and can show a consislent two-month track record of positive parenting and a higher level of functioning with regard to the children's care. Once she is able to show two consecutive monlhs of productive non-overnight access with the children, she can then have her time with Ihe children expanded 10 overnights. Produclive should include a cleaner home environment with food, the ability to attend 10 the children, the ability 10 refrain from negalive comments about the children's father, and the ability to modulate her frustration and provide structure that is beneficial 10 the children. Whereas the removal of Ihe children from Maureen will help the children regain a sense of stability and security, it may also provide Maureen with a chance to heal in ways thai will benefit her and consequently the children. If the cause of Maureen's current functioning is a relapse related to alcohol, because Maureen has had multiple relapses, it will be important for her to have the time and space to learn to remain sober. Transferring primary custody to Rex can help Maureen acquire better skills of self-care. She will need a significant period of sobriety and/or better functioning as a parent before any consideration of the children returning to her in an expanded custodial schedule would be made. In conclusion, despite Maureen Cuffs denial, the evaluator strongly believes that her current functioning is the result of a relapse. Alcoholism is a chronic disease that is often punctuated by temporary relapses. Those relapses are a part ofthe disease and can be remedied with proper care. The evaluator believes Maureen's own words that she is capable of caring for the children best when she is sober. She has shown multiple periods of extended abstinence and, therefore, is capable of using the right resources to become sober and maintain that sobriely. Recommendations set forth below, therefore, are not a comment on Maureen Cuff's sober parenting. Thcy are a statemenl about what il is going to Jake for Maureen to enter into the selt: care that she needs to return to a solid state of abstinence and be the parent that she is capable of being. Recommendations set forth below are clearly about advocacy for the children who are in pain and experience emotional and physical harm when Maureen tries to care for them and is not sober. The recommendations certainly also consider the fact that Ihe children show a clear preference for their father and are able to describe his strengths in parenting them as well as in providing them a sense of emotional safety and security, which they strongly need. RECOMMENDA nONS It should be noted that the evaluator attempted to use wording in tbe recommendations to show that regardless of what Maureen Cuff is willing to admit regarding the causes for her current functioning, she is in need of therapeutic care and her condition is affecting her children in extreme ways. 1. Rex and Maureen Cuff will sbare the legal custody of Alexandra and Ryan Cuff. 20 2. Primary physical custody of the minor children will be with father, Rex Cuff. This transfer should take place immediately. If mother intends to challenge the custody recommendations it is strongly recommended that the children be placed in their father's care pending a hearing on the matter of custody. 3. Mother, Maureen Cuff, will have partial periods of custody in accordance with the following schedule, provided that she seeks treatment for her alcoholism relapse and/or current condition: a. On alternating weekends from Saturday at 10:00 a.m. to Saturday at 5:00 p.m. and Sunday at noon until 7 :00 p.m. This schedule will continue for two (2) months from the time Maureen begins a period of abstinence/higher parental functioning, coupled with treatment for chronic alcoholism and/or her current condition. b. Provided that Maureen has maintains two (2) months of sobriety and/or higher parental functioning, her weekend access can be expanded to every other Saturday morning from 10:00 a.m. to Sunday evening at 7:00 p.m. c. In addition to weekend access, mother will be provided the opportunity to have two (2) honrs of time with the children every Wednesday evening from 5:00 p.m. to 7:00 p.m. d. This schedule will be sustained year round for at least twelve (12) months. e. Provided that Maureen maintains a period of abstinence and/or higher parental functioning and ongoing treatment for a period of twelve (12) months, consideration for expanding her time with the children will be made upon information provided to the Evaluator regarding her treatment and with updated sessions for the children and parents in order to assess mother's capacity for expanded time. 4. The standard holiday schedule will be incorporated but with the awareness that the lack of overnights for mother will be maintained even in the holiday schedule until such time as she has shown two (2) consecutive months of sobriety and/or higher parental functioning coupled with treatment for her chronic alcoholism and/or current condition. In addition, the standard transportation schedule will be maintained. A standard vacation schedule can provide for two (2) non-consecutive weeks of vacation; however, mother's vacation time will be contingent upon her ability to sustain at least six (6) months of sobriety and/or adequate parental functioning before any vacation time will be afforded. 5. Standard statements with regard to the parental use of controlled substances while caring for the children, as well as with regard to parents making derogatory comments in the presence of the children should be incorporated into the custody recommendations. 6. Alexandra and Ryan should be entered into therapy to address the resulting emotions and experiences that have emanated from not only their parents' divorce, but their mother's relapse and lack of ability to care for them resulting in their reduced access to her. Whereas the children will be relieved with regard to a sense 21 of safety and security, they will certainly have significant deep emotion about the loss of their relationship time with their mother. It will be necessary for both mother and father to participate in the children's therapy at the direction of the chosen therapist. It is likely that Alexandra will need more ongoing therapy than Ryan. More specifically, it is likely that Alexandra will respond and be open to more therapy than will Ryan. 7. This skeleton set of recommendations can be adjusted as necessary by the parties, their respective counsel and with the aid of this Evaluator if specifically requested. It is important to note that additional assistance by the Evaluator may result in additional costs. It is further noted that the Evaluator will be available to respond to questions and concerns about the way to carry out these recommendations for a period of up to four (4) months from the date of this report without the need for additional interviews with family members. However, after the four-month period, it is possible that the Evaluator will need to do further face-to-face reassessment before being able to assist in family discord. It is at this time that additional costs would be incurred. Respectfully submitted, j.. :j----lp .,/ / ,..,...,.... ,.-...~- Deborah L. Salem, LPC, Clinical Evaluator Date of Initial Dictation: 03-26-06 Dale of Transcription: 03-28-06 Date of Added Information: 04-02-06 Final Edit: 04-05-06 Addendum in Cover Letter: 04-08-06 22 ~ .,.'" \:J 10 (') 7:;J r.:; :~ () ~n ~ \L 0 '. U( 0 --- ~ -:::? ~ c- , ~- ""0 -1 -.::z -c:::. C> ~ -- -r- r '---~ .. .... REX A. CUFF, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5243 CIVIL TERM MAUREEN M. CUFF, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 19th day of April, 2006, after review of the Plaintiff's Petition For Emergency Relief, and having discussed the matter with counsel for both parties, we enter the following Order, which is intended to be temporary in nature and shall not affect the substantive rights of either party to custody of their children pending conciliation and/or a full-blown hearing: 1. The parties shall have joint legal custody of their children, Alexandra C. Cuff, born November 26, 1996, and Ryan P. Cuff, born June 3, 1998. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of visitation every Saturday from 10:00 a.m. until 5:00 p.m. and every Sunday from noon until 7:00 p.m. 4. Mother shall abstain from drinking any alcohol at any time whatsoever. If Father has concrete evidence of Mother's relapse, he may withhold the children from visiting wi th her. Conciliation in this matter is scheduled before this Court in Courtroom No. 3 of the Cumberland County Courthouse on Monday, May 8, 2006, at noon. In the event that . ... the parties are unable to come to an agreement at the conciliation, a full hearing on the merits shall be held on Friday, May 26, 2006, at 8:30 a.m. rt, Edward E. Guido, J. ~hn J. Connelly, Jr., Esquire For Plaintiff/Petitioner ~amuel L. Andes, Esquire For Defendant/Respondent srs " C. \ 1'-\ \'; ::\\1. REX A. CUFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MAUREEN M. CUFF : NO. 2005 - 5243 CIVIL TERM ORDER OF COURT AND NOW, this 8TH day ofMA Y, 2006, upon agreement ofthe parties, our order of April 19, 2006, shall be modified as follows: 1.) Weekend visitation shall be from 10:00 a.m. until 5:00 p.m. 2.) The hearing scheduled for May 26, 2006, at 8:30 a.m. is rescheduled to MONDAY. JUNE 26. 2006. at 9:00 a.m. In all other respects, the order dated April 19 , 2006, shall remain in full force and effect. Edward E. Guido, J. ~ 1. Connelly, Jr., Esquire For the Plaintiff ~lUel L. Andes, Esquire For the Defendant ~ :sld ~ p.;O bO o '~\l-\"4f\I)..SNtHd /J..\,\(\O'J n,.n'I'::,'d\N,1O fll) :f, 't\'l &- }..'4~ ~\\\\1. j..\5'4l.Q\~0r\1..(),dd 3\-1.1. ~ 3~\:\:IO'"G:I\~ ." " 'If REX A. CUFF, ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW MAUREEN M. CUFF, Defendant NO. 2005-5243 CIVIL TERM IN CUSTODY ORDER OF COURT . :-dJ AND NOW this 30 day of June, 2006, upon agreement of the parties, our prior orders in this matter, dated April 19, 2006, and May 8, 2006, shall be modified as follows: 1 . The Mother shall have temporary custody of the children on alternating weekends from Friday at 5:00 p.m. until Sunday at 7:00 p.m., commencing on Friday, June 30, 2006, and every Wednesday from 5:00 p.m. until 7:00 p.m. 2. This matter will be scheduled for a further hearing upon the request of either party. Until then, the provisions of our order dated April 19, 2006, shall remain in full force and effect. DISTRleuTION: v19hn J. Connelly, Jr., Attorney for Plaintiff, P.O. Box 650, Hershey, PA 17033 ~2. Andes, Attorney for Defendent, P.O. Box 168, Lemoyne, PA 17043 J. J]O :[! (' ,!'- ... .... ',;;,." '-::"-"i~/Y(lJ , errJ7 "I,.... JU V /r-" .:JlJ