HomeMy WebLinkAbout06-0708Malcolm T. McReynolds, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 06- 709 CIVIL TERM
Andrea Nelson, : CIVIL ACTION - CUSTODY
Defendant
COMPLAINT FOR CUSTODY
1. Plaintiff is Malcolm T. McReynolds, an adult individual whose residence is
at 3001 Branch Ave., Apt 635, Temple Hills, Prince George's County, Maryland
2. Defendant is Andrea Nelson, an adult individual whose residence is at
1387 Grandview Court, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff seeks shared physical custody of his child Khaliese Imani
McReynolds, born June 28, 2003.
4. The child has been in the mother's primary custody since birth.
5. Child has lived at the following addresses:
Name Address Dates
Khaliese McReynolds 1387 Grandview Court, Carlisle, PA Birth to Present
6. The relationship of the plaintiff to the children is that of natural father.
7. The relationship of the defendant to the children is that of natural mother.
8. The plaintiff has not participated as a party or in any other capacity in other
litigation concerning the custody of the children in this or any other Court.
9. Plaintiff has no information of a custody proceeding concerning the children
pending in a Court of this Commonwealth.
10. Plaintiff is currently in the U.S. Army and is scheduled for discharge on
September 18, 2006, however, it is expected that plaintiff will be provided "terminal
leave" effective on or about June 1, 2006.
11. The best interest and permanent welfare of the child is for natural father and
natural mother to retain shared physical custody.
12. No other persons are known to have or claim to have any right to custody or
visitation of the child other than the parties to this action.
13. The best interest and permanent welfare of the child will be served by
granting the relief requested because the Plaintiff has bonded with the child and seeks
to become a significant factor in the child's rearing and daily life.
14. Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the child have been named as parties to this
action. No other persons are known to have or claim to have any right to custody or
visitation of the child other than the parties to this action.
WHEREFORE, plaintiff requests your Honorable Court provide to him
shared legal and shared physical custody.
Date
Respectfully Submitted
TURO LAW OFFICES
Garen R. Waltz, Esc
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Complaint For Custody are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date Malcolm T. McReynolds
Malcolm T. McReynolds, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. ; NO. 06- CIVIL TERM
Andrea Nelson, ; CIVIL ACTION - CUSTODY
Defendant
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Complaint For Custody, upon Andrea Nelson, by depositing same in the United
States Mail, first class, postage pre-paid on the day of ?ru r-• 2006,
from Carlisle, Pennsylvania, addressed as follows:
Andrea Nelson
1387 Grandview Court
Carlisle, PA 17013
TURO LAW OFFICES
Carlisle, PA 17013
(717) 245-9688; FAX 717.245.2165
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MALCOLM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ANDREA NELSON
DEFENDANT
06-708 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, _ Tuesday, February 07, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 24, 2006 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Esq. I/`\
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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RECEIVED MAR 13 2006 Y 5
MALCOLM T. MCREYNOLDS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 06-708 CIVIL ACTION - LAW
ANDREA NELSON, IN CUSTODY
Defendant
COURT ORDER
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AND NOW, this « day of March, 2006, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. .5 of the Cumberland County
Courthouse on the ? 9 t+- day of -Y`c\ , 2006, at
G1'-DD . _ -6_. m. At this hearing, the Father sh. 1 be the moving party. Counsel
for the parties shall file with the Court and opposing counsel a Memorandum setting
forth the history of custody in this case, the issues currently before the Court, a list of
witnesses who will be called to testify at the hearing, and a summary of the anticipated
testimony of each witness. This Memorandum shall be filed at least five days prior to
the mentioned hearing date.
2. Pending further Order of this Court, the following TEMPORARY Order is entered:
A. The Father, Malcom T. McReynolds, and the Mother, Andrea Nelson, shall
enjoy shared legal custody of Khaliese Imani McReynolds, born June 28, 2003.
B. Physical custody shall be handled with Mother having custody during the week.
For the weekends, the custody shall be handled as follows:
(1) On the weekends Father does not work Friday and Saturday evening,
he shall have custody of the minor child for that weekend. The
time frame shall be from Friday at 6:00 p.m. until Sunday at 4:00 p.m.
(2) For the weekends Father is working both Friday and Saturday nights,
the Mother shall have custody of the minor child on those weekends.
(3) For the weekends that Father is working a Friday or Saturday night
only, he shall have custody of the minor child on the off night. For
example, if Father is working Saturday night, he shall have custody
from Friday at 6:00 p.m. until Saturday at 6:00 p.m. If Father is
working on a Friday night, he shall have custody from Saturday at 4:00
p.m. until Sunday at 4:00 p.m.
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C. It is anticipated that the schedule provided for weekends above is working on a
12-week time frame during which Mother shall have four full weekends of
custody, Father shall have four full weekends of custody, and the other four
weekends shall be split one night each based upon Father's work schedule.
3. The parties may modify or alter the above custody schedule as they agree.
Absent an agreement, the Order shall control.
4. If the parties feel that another custody conciliation conference would aid in
resolving the case, legal counsel for the parties may contact the Conciliator
directly to schedule a conference.
5. The parties shall share transportation for exchange of custody with the parties
to meet at a mid point between Father's home outside of Washington, D. C.
and Mother's home in Carlisle.
BY THE COURT,
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Cc: alen R. Waltz, Esquire
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t?kr. Keith Hickman
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MALCOLM T. MCREYNOLDS,
Plaintiff
v
ANDREA NELSON,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-708 CIVIL ACTION - LAW
: IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Khaliese Imani McReynolds, born June 28, 2003
2. A Conciliation Conference was held on March 9, 2006 with the following individuals in
attendance:
The Father, Malcolm T. McReynolds, and his counsel, Galen R. Waltz, Esquire
The Mother, Andrea Nelson, and her counsel, student attorney Keith Hickman of the
Dickinson School of Law Family Law Clinic.
3. Father is seeking a shared custody arrangement with Father having custody during
the summer months and Mother having custody during the school year and the parties
alternating some weekends during that time frame. Although the parties have been
able to work out a number of issues, they could not reach an agreement with respect to
the summer months. Father has a somewhat erratic work schedule.
4. A hearing is required to address the summer custody and to also direct a permanent
Order during the school year. However, the Conciliator has recommended an interim
Order to address weekends during the school year that reflects Father's availability
because of his work schedule.
5. The Conciliator recommends an Order in the form as attached.
Date: March w 1 2006
Hubert X ilroy, Esquire
Custody Conciliator
OLM T. MCREYNOLDS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNT, PENNSYLVANIA
V. : NO. 06-708 CIVIL ACTION - LAW
CA NELSON, : IN CUSTODY
Defendant
Motion For Continuance
1. Plaintiff filed a Complaint for Custody in this matter February 3, 2006.
2. A Conciliation Conference was held before Hubert X. Gilroy, Esquire; subsequently on
March 16, 2006, this Court issued an Order of Court scheduling a hearing for Friday, May
18, 2006 at 9am on the custody matter of Khaliese Imani McReynolds, born June 28,
2003.
3. On May 18, 2006 the parties came to a general custody agreement, however the
documents have not been completed.
4. In accordance with Rule 208.2(d) of Cumberland County Rules of Civil Procedure,
concurrence of opposing counsel, Jill Hammill and Anne MacDonald-Fox, Esquire, was
sought and obtained.
WHEREFORE, Plaintiff requests that this Honorable Court continue generally the May
19, 2006 hearing to allow the parties time to effectuate an agreement in this matter.
Respectfully
0
Date
Galen R. Waltz, 5
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
MALCOLM T. MCREYNOLDS,
Plaintiff
V.
ANDREA NELSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-708 CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Motion for Continuance, by depositing same in the United States Mail, first class,
postage pre-paid on the 18th day of May, 2006, from Carlisle, Pennsylvania, addressed
as follows:
Anne MacDonald-Fox, Esquire
Jill Hammill
The Dale F. Shughart Community Law Center
45 North Pitt Street
Carlisle, PA 17013
TURO LAW
28 South Pitt Strut'
Carlisle, PA 17013
(717) 245-9688; FAX 717.245.2165
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MALCOLM T. MCREYNOLDS,
Plaintiff
V1.
ANDREA NELSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNT, PENNSYLVANIA
NO. 06-708 CIVIL ACTION - LAW
IN CUSTODY
ORDER
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AND NOW, this day of 2006 after
considering the Motion for Continuance the motion is granted and the May 19, 2006
hearing is continued generally.
By The Court
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Date M.L. Ebert judge
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MALCOM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-0708 CIVIL
V.
ANDREA NELSON,
Defendant CIVIL ACTION -CUSTODY
ORDER OF COURT
AND NOW, this 3rd of August, 2006, having been notified that the parties have
reached an impasse in attempting to negotiate resolution of this matter, and neither party
opposing reschedufing of the hearing, IT IS ORDERED AND DIRECTED that a hearing
is scheduled for the 8th bay of September, 2006 at 9:30.m. in Courtroom No. 5 of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
At this hearing, the Father shall be the moving party. Counsel for the parties
shall file with the Court and opposing Counsel a Memorandum setting forth the history of
custody in this case, the issues currently before the Court, a list of witnesses who will be
called to testify at the hearing, a summary of the anticipated testimony of each witness,
and an estimate of how long each party's case will require. This Memorandum shall be
filed at least five days prior to the above mentioned hearing date.
By the Court,
.Nalen R. Waltz, Esquire
Attorney for Plaintiff
?nne MacDonald-Fox, Esquire
Jill Hammill
For the Defendant
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M. L. Ebert, Jr., J.
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Malcolm T. McReynolds, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 06-708
Andrea Nelson, : CIVIL ACTION - CUSTODY
Defendant
MOTION TO STRIKE
AND NOW, comes Plaintiff, by and through his attorney Galen R. Waltz, Esquire,
and asserts the following:
1. In Defendants Pre-trial Memorandum Defendant discusses the content of
negotiations between the Plaintiff and Defendant.
2. Specifically on the bottom of page three, the last paragraph beginning
"Shortly" and ending on the top of page four ending with the sentence
"fully drafted".
3. Specifically on page four, the first full paragraph beginning with "Father's
proposal".
4. Specifically on page four, in the middle of the last paragraph beginning
with the words "On June 28, 2006" and ending on page five with the word
"prefers".
5. According to the Pennsylvania Rules of Evidence Rule No. 408, evidence
of negotiations is not admissible.
WHEREFORE, Plaintiff requests this Honorable Court to strike all portions
of Defendants Pre-Trial Memorandum that refer to the proposed custody
stipulation.
Q r A,//
Date glen R. Waltz c
Turo Law O
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Motion to Strike, by hand delivery on the 8m day of September 2006, from Carlisle,
Pennsylvania, addressed as follows:
Anne MacDonald-Fox
The Dale F. Shughart Community Law Center
45 North Pitt Street
Carlisle, PA 17013
TURO LAW OFFICES
'Galen R. Waltz, Esqui
28 South Pitt Stree
Carlisle, PA 17013
(717) 245-9688; FAX 717.245.2165
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MALCOLM T. MCREYNOLDS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYVLANIA
V.
ANDREA NELSON, CIVIL ACTION - LAW
Defendant NO. 06-708 CIVIL
ORDER OF COURT
AND NOW, this 8th day of September, 2006, after
hearing in the above-captioned case, it is hereby ordered
and directed that the parties shall submit proposed findings
of fact and conclusions of law supported by legal memorandum
to this Court on or before the close of business on October
25, 2006. The parties shall submit a proposed order for
consideration by the Court to cover custody of the child
during holiday periods and the summer months when school is
not in session.
By the Court,
N* -k- " \/
M. L. Ebert, Jr., J 0
Xalen R. Waltz, Esquire
For the Plaintiff
X 1 1 M. Hammill, CLI 1
Anne MacDonald-Fox, Esquire
For the Defendant
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MALCOLM T. MCREYNOLDS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYVLANIA
V.
ANDREA NELSON, CIVIL ACTION - LAW
Defendant NO. 06-708 CIVIL
IN RE: INTERIM CUSTODY ORDER
ORDER OF COURT
AND NOW, this 8th day of September, 2006, after
hearing, the following interim order in regard to custody of
the minor child, Khaliese Imani McReynolds, born June 28th,
2003, is entered:
1. The father, Malcolm T. McReynolds, and the
mother, Andrea Nelson, shall enjoy shared legal custody of
Khaliese Imani McReynolds.
2. Primary physical custody of the child shall be
with the mother.
3. The father shall enjoy periods of partial
custody on alternating weekends beginning Friday, September
15, 2006, at 6:00 p.m. until Sunday at 6:00 p.m. The
parties shall share transportation for exchange of custody
with the parties to meet at the midpoint between the
father's home outside of Washington, D.C., and the mother's
home in Carlisle, that point being in Frederick, Maryland.
By the Court,
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?y,.0 M. L. Ebert, Jr.,
is .. .. ?., '
alen R. Waltz, Esquire
For the Plaintiff
Ji 1 M. Hammill, CLI
nne MacDonald-Fox, Esquire
For the Defendant
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MALCOLM T. MCREYNOLDS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYVLANIA
V.
ANDREA NELSON, CIVIL ACTION - LAW
Defendant NO. 06-708 CIVIL
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE M. L. EBERT, JR., J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Friday, September 8, 2006, commencing at 10:00 a.m.
in Courtroom Number Five
APPEARANCES:
Galen R. Waltz, Esquire
For the Plaintiff
Jill M. Hammill, CLI
Anne MacDonald-Fox, Esquire
For the Defendant
ORIGINAL
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FOR THE PLAINTIFF
Jeffrey Lensbower,
on qualifications
Jeffrey Lensbower
Malcolm McReynolds
FOR THE DEFENDANT
INDEX TO WITNESSES
DIRECT CROSS REDIRECT RECROSS
-- 7 -- --
10 24 28,32 30
33 61 -- --
Andrea Nelson 79 106 116 117
Laurie Mumma 118 122 -- --
REBUTTAL
Malcolm McReynolds 124 126 -- --
INDEX OF EXHIBITS
FOR THE PLAINTIFF
Ex. No. 1 - Lensbower CV
Ex. No. 2 - father's schedule
FOR THE DEFENDANT
Ex. No. 1 - certification
Ex. No. 2 - letter dated 3/21/66
MARKED ADMITTED
3 4
40 40
77 79
78 78
2
1 (Whereupon, Plaintiff's Exhibit No. 1 was
2 marked for identification.)
3 THE COURT: This is the time and place set
4 for hearing regarding the custody matter of McReynolds
5 versus Nelson docketed to 06-0708. Are the parties ready to
6 proceed?
7 MR. WALTZ: Yes, Your Honor.
8 MS. HAMMILL: Yes, Your Honor
9 THE COURT: Mr. Waltz, I believe you're the
10 moving party.
11 MR. WALTZ: Yes, Your Honor.
12 THE COURT: Call your first witness.
13 Generally on these, too, we kind of go somewhat out of
14 order. I understand there's some witnesses going to testify
15 by phone, and that' fine with me.
16 Usually we'll hear from the father first and then
17 directly from the mother as soon as possible, just so you
18 can crystalize those positions and then we go back to the
19 normal rotation of the parties presenting each case. Okay?
20 MR. WALTZ: Sure.
21 THE COURT: Thank you.
22 MR. WALTZ: For your information and to
23 provide it to you, earlier this morning I filed a motion to
24 strike as it pertained to the prehearing memorandum, and the
25 other party was served, and if I may provide that to you.
3
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1 THE COURT: I did not see that.
2 MR. WALTZ: This is your copy.
3 THE COURT: Okay. Fine.
4 MR. WALTZ: May I continue?
5 THE COURT: You may.
6 MR. WALTZ: Okay. The first exhibit, the
7 curriculum vitae of Jeffrey L. Lensbower, our expert, has
8 been stipulated to by opposing counsel, and it has been
9 marked as Plaintiff's Exhibit 1. If I may, I would like to
10 have it admitted.
11 MS. HAMMILL: Your Honor, we have stipulated
12 to Dr. Lensbower's curriculum vitae as a custody evaluator,
13 and as -- when we get to Dr. Lensbower later, if you'd like,
14 we could explain.
15 THE COURT: Okay. With regard to the
16 curriculum vitae, though, we have no problem with that.
17 MS. HAMMILL: Correct.
18 THE COURT: Plaintiff's Exhibit No. 1 is
19 admitted.
20 MR. WALTZ: Thank you.
21 (Whereupon, Plaintiff's Exhibit No. 1 was
22 admitted into evidence.)
23 MR. WALTZ: And I may have misheard you. Are
24 they going to need to call a witness out of turn on the
25 telephone or someth ing like that or --
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1 THE COURT: I'm not exactly sure yet.
2 MS. HAMMILL: No.
3 THE COURT: Doesn't sound like it.
4 MR. WALTZ: Okay.
5 THE COURT: Why don't you just get started
6 with your first witness.
7 MR. WALTZ: Jeffrey Lensbower.
8 Whereupon,
9 JEFFREY LENSBOWER
10 having been duly sworn, testified as follows:
11 MR. WALTZ: We're offering Mr. Lensbower as a
12 developmental psychologist, in that realm, as an expert.
13 MS. HAMMILL: Your Honor, I'm sorry. I
14 thought that you said that you would like to hear from
15 father and then mother.
16 THE COURT: Well, again, I'm assuming Dr. --
17 Mr. Lensbower is not staying for the entire thing, so I try
18 to accommodate some of the expert witnesses in that regard,
19 so I will take his testimony first and then he can be
20 excused. Okay. They're offering him as an expert. Would
21 you like to cross-examine with regard to qualifications?
22 MS. HAMMILL: Yes, we'd like to request an
23 offer of proof from Dr. Lensbower.
24 THE COURT: You're offering him as a
25 developmental psychologist?
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1 MR. WALTZ: That is correct.
2 THE COURT: And your offer on why he's going
3 to testify, sir?
4 MR. WALTZ: He has expert knowledge in the
5 various factors, extrinsic and intrinsic, that are involved
6 in the development of a child, the time frame in which that
7 child's development is impacted by those factors, and it is
8 that development of the child in this case, Khaliese, that
9 we believe he offers extraordinary insight into her
10 development between the ages of three and eight.
11 THE COURT: Have you interviewed and dealt
12 with this child personally, sir?
13 THE WITNESS: No, I have not.
14 MS. HAMMILL: Your Honor, we would -- while
15 Dr. Lensbower is certainly an expert in child custody
16 evaluations, we would like to request what is in his
17 curriculum vitae that qualifies him as an expert in the --
18 in culture and ethnic identities.
19 THE COURT: I didn't get that. Was it in the
20 offer of proof that --
21 MS. HAMMILL: We received a letter yesterday
22 from Mr. Waltz that was sent to him by Dr. Lensbower that
23 explains the basis for his testimony in which it references
24 the cultural and ethnic identities of children.
25 THE COURT: Why don't you just ask him about
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1 that. Just begin your voir dire with regard to his expert
2 qualifications.
3 CROSS-EXAMINATION
4 ON QUALIFICATIONS
5 BY MS. HAMMILL:
6 Q Dr. Lensbower, I'm not sure if you've had a
7 chance to read Mr. Waltz's memo, but he refers to your
8 testimony today as to be speaking to the interaction with
9 the culture and ethnic identities that shape the child.
10 A Yes.
11 Q What is your background in that subject?
12 A Background is I guess as a psychologist.
13 Part of the valuating process or part of being able to
14 evaluate children, families, work with families and children
15 on various issues is having grounding in cultural diversity,
16 varying cultures that you may encounter.
17 Without recognizing the cultural heritage of an
18 individual, it's hard to tell what's normal because culture
19 influences almost everything about a person's life. So it's
20 -- I don't want to say it's inherit psychology, but you have
21 to have a knowledge of the various cultures and aspects of
22 different cultures in order to practice psychology.
23 Q Do you use that typically in the context of a
24 family that you have interviewed all of the members of the
25 family in order to evaluate their ethnic and culture
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I identities?
2 A I'm not sure what you're asking.
3 Q My follow-up question would be, because you
4 have not interviewed the child nor her mother, how in this
5 case we can speak to the cultural and ethnic identities of
6 the family?
7 A Okay. Because I haven't interviewed the
8 mother or, you know, worked with the child or the mother at
9 all, I cannot offer a custody recommendation. It's not a
10 custody evaluation per se.
11 My, I guess, involvement in this case was simply
12 to identify aspects of cultural heritage that may be
13 important to the Court in making custody recommendations and
14 decisions, but I didn't do a custody evaluation; therefore,
15 I cannot make a custody recommendation in regard to the
16 child.
17 MS. HAMMILL: Okay. If I may beg the Court's
18 indulgence for one moment.
19 THE COURT: You may.
20 BY MS. HAMMILL:
21 Q And, lastly, do you have any specific
22 expertise in cultural and ethnic identities that you have
23 described in your letter dated May 1st, 2006?
24 A Nothing more than what I described as part of
25 the routine training for psychologists. You know, the
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regular, I guess, updates in education to try to promote
cultural diversity, to understand cultural diversity, so
that your practice can be more effective.
MS. HAMMILL: Then, Your Honor, we would
object to Mr. Lensbower's testimony on the subject of
cultural and ethnic identities. Specifically he laid out in
his letter of May 1st, 2006, Midwestern Methodist
African-American background.
THE COURT: Say that again. I'm sorry.
MS. HAMMILL: Midwestern Methodist
African-American background.
THE COURT: And who's that?
MS. HAMMILL: That would be the father
presumably.
THE COURT: I'm going to overrule it. I'm
going to allow him. He's testified previously in custody
matters in this case. I'm not exactly sure of what
relevance -- we're talking about a very limited thing about
setting up a visitation schedule between the child.
I'm willing to listen to almost anything that
might impact on the best interest, and, again, Mr. Lensbower
certainly has testified previously in this Court, and I'll
give him what weight the testimony deserves.
So your objection is overruled. He may testify as
a developmental psychologist. I will allow -- if this
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cultural ethnic identity thing gets too far astray, that
will be subject to specific objections at a later time.
MR. WALTZ: Thank you, Your Honor.
DIRECT EXAMINATION
BY MR. WALTZ:
Q You met with my client, Mr. Lensbower. When
and under what circumstances and for what purpose? Three
questions there, when did you meet with him, under what
circumstances, and for what purpose?
A Met with Mr. McReynolds on, I think it was
April 21, 2006, and it was at the request of Mr. McReynolds
and Mr. Waltz, his attorney, basically to determine if there
would be any impact in cultural background, cultural
diversity that may help clarify custody, may help clarify
child rearing interests that could be, I guess, utilized in
the court to make decisions regarding best interest of the
child.
THE COURT: How long did you meet with him?
THE WITNESS: I was with Mr. McReynolds I
think two hours, somewhere around two hour time period.
BY MR. WALTZ:
Q Have you had additional contact with him
since that meeting?
A Yes. I've been in contact on the phone and
yesterday I talked to him and updated, clarified some
10
1 issues. There's been some ongoing contact with him to, once
2 again, clarify issues. If I saw some things that may shed
3 some light on the custody issues, the issues that he has
4 with his daughter, I would give him that information.
5 Q In -- I believe you've reviewed opposing
6 counsel's prehearing memorandum?
7 A Yes.
8 Q And in that memorandum they request or
9 indicate they feel it would be beneficial for Malcolm to
10 attend parenting classes. Do you have any view on that --
11 A Well --
12 Q -- as it relates both to Malcolm or any other
13 party in this?
14 A In looking at it from a psychologist's
15 viewpoint, any type of therapy, any type of counseling to
16 help define, help the parents come to some agreement on best
17 interest of the child is always beneficial.
18 In situations where there's some acrimony, usually
19 you need court involvement, directed co-parenting strategies
20 along those lines tend to work well, and directed
21 co-parenting is a developmental approach to working with the
22 parents in resolving issues, developing better ways to come
23 to agreements and decisions in regards to the best interest
24 of the child.
25 So as a general recommendation I guess with the
11
• •
1 information that this is in court and there may be some
2 acrimony between the parties, a directed co-parenting would
3 probably be an effective means of dealing with that,
4 addressing that issue.
5 So specific parent classes, I guess generalized
6 parent classes per se, not necessarily but a more directed
7 therapeutic involvement I think would be beneficial.
8 Q That response, does that go to something I
9 said earlier today to the effect that I can't cure it. If
10 there's a problem between the two parties, I can't cure it.
11 The Court can't cure it. The underlying problem is always
12 going to exist unless it's treated. Is that comment --
13 MS. HAMMILL: Objection, Your Honor. I
14 believe Mr. Waltz is leading his witness.
15 THE COURT: It's overruled.
16 BY MR. WALTZ:
17 Q Does that comment lend itself to your
18 response?
19 A Yes. Using directed co-parenting is a
20 research based strategy that does seem to be one of the more
21 effective techniques where there is acrimony, where there is
22 an underlying tension, between the parties in a custody.
23 THE COURT: What's the name of this therapy
24 again? What is it, something co-parenting?
25 THE WITNESS: Directed.
12
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1 THE COURT: Directed co-parenting?
2 THE WITNESS: Yes.
3 BY MR. WALTZ:
4 Q Do you -- are there many practitioners or are
5 there any in the area that may lend themselves to that? I
6 know you're not advocating or you're not selling the point,
7 but is this -- is there a resource, I guess, for that type
8 of class?
9 A There's not very many people I'm aware of,
10 any therapists that are doing directed co-parenting. Dr.
11 Arnold Shienvold, his practice, I think there is some
12 directed co-parenting done there, and that would probably be
13 the one resource or a resource I would contact in this area
14 to find out what's available.
15 Q In a -- have you been called to testify in
16 other bi-racial custody situations?
17 A Yes, I have.
18 Q So you're experienced certainly in this area?
19 A Yes.
20 Q And my question is, in a bi-racial
21 relationship that produces a child, is there such a thing as
22 a window of opportunity or a period of time significant for
23 one or both parents to make that bond or that cultural event
24 occur?
25 A Research suggests that the bond is formed
13
• •
1 prior to eight to ten years of age on account of a
2 generalized manner. When you look at it more specifically
3 developmentally there's a time period 24 to 42 months of age
4 where there is a bond which develops between parents, which
5 develops between primary caretakers and the child.
6 And this bonding that takes place at that point in
7 time tends to provide a life-long affinity, life-long
8 affiliation with the beliefs, attitudes, and cultural
9 aspects of that parent.
10 So this is a time period developmentally where a
11 major impact can be achieved by having exposure to the
12 parents or having much exposure to people who are primary
13 caretakers with the child.
14 Q You mentioned as much exposure to the child
15 during this window of opportunity up to age eight or ten, I
16 believe you pointed out. You've reviewed the two proposals
17 that both sides have offered the Court relative to custody
18 slash visitation. Is that correct?
19 A Yes.
20 Q After reviewing them, is there a scheduling
21 or visitation that would lend itself to that window of
22 opportunity you referenced a moment ago?
23 A Yes. If we look at it from the bonding
24 aspect, the more time with each parent this child spends is
25 beneficial in promoting that process.
14
1 When I look at the case, if you look strictly at
2 the developmental aspects of the case, the amount of custody
3 time, the amount of time the child spends away from primary
4 routine, primary parents, those types of things has already
5 been altered from what would have been a developmentally
6 prescribed course.
7 And what I mean by that is the developmentally
8 prescribed course would be the first two years of the
9 child's life there would have been far greater limitation on
10 overnights, far greater limitation on the child leaving the
11 primary residence.
12 That's already been done. The child has spent --
13 I think the longest time period was three weeks away from
14 her mother with her father. And developmentally that
15 wouldn't necessarily be recommended, but it does not -- did
16 not seem to have or at least has not been described as a
17 detrimental situation to the child.
18 Therefore it is customary within the family if
19 something has been established, we don't want to go
20 backward. So when I look at it in that light and then
21 looking at something that's going to approximately 50
22 percent exposure to each parent is probably going to be the
23 most advantageous custody arrangement for the child to
24 benefit from the cultural heritage of both parents.
25 Q Developmentally speaking, does the father in
15
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1 this case, Malcolm, and the mother, Andrea, are there
2 distinctions as to what each parent brings to the table
3 developmentally? Could you explore that, please.
4 A Yes, I would say there's -- in any situation
5 where you have parents, there is cultural diversity; and in
6 this situation there's -- I want to say more cultural
7 diversity.
8 Just looking at the information as given, there is
9 that diversity, and the child, children benefit from
10 diversity, broad based knowledge. The more experiences they
11 can incorporate into their lives, the greater stretching the
12 future, the less rigid they'll be.
13 So typically when you have diversity in the
14 cultures, diversity in the backgrounds of the parents, if
15 the child can be exposed to both backgrounds, they tend to
16 develop greater adaptation skills, have a better more
17 well-rounded approach to life.
18 So when we look at it as far as would the child
19 benefit from both backgrounds and those differences in
20 background, I would say yes, there are differences and the
21 child is going to benefit from both backgrounds, being
22 exposed to them.
23 Q Since there are both differences, could you
24 articulate the male role model, not role model, the male
25 role with rearing a three year old versus the female role?
16
C7
•
1 A when we look at the research, and there's
2 been quite a lot of research on father's impact on the
3 children developmentally, and when we look at the positive
4 influences on child development of a positive father/child
5 relationship, there's an association, significant
6 association with intellectual gains, academic success in
7 school, basically higher achievement, higher grades, and
8 there's an association with behavior problems and improvied
9 psychological well-being.
10 And those are pretty much direct impacts that they
11 have when there's father involvement and when there's, I
12 guess I should say secondary, but it is a primary impact
13 when the father is involved in the family or in the rearing
14 of the child.
15 You know, in a separated situation, it tends to
16 offset the one parent so that the child is getting exposure
17 to the best -- or a situation where there's a correction, if
18 there are weaknesses in a particular parent, so the parents
19 offset each other, and that in itself is a tremendous
20 benefit to the child's well-being.
21 Once again they seem less rigid. It tends to make
22 them more flexible and adapted throughout life, and
23 psychologically it sets them up well in the future for
24 social interaction with diverse populations.
25 And some of the research, when they look at it, is
17
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1 tangibly children who have exposure to their father in this
2 -- I'll take a ten-year age range -- tend to do better
3 economically. They tend to do better academically in
4 school, get higher grades, and they tend to be more socially
5 acclimated than what children who do not have that exposure
6 are.
7 Q Can you describe or provide specific
8 qualities relative to your last -- your answer that you just
9 gave that Malcolm brings to the table?
10 A Malcolm comes from what he described when I
11 interviewed him, when I talked to him, was a strong
12 background, strong heritage, which tends to emphasize
13 education, tends to emphasize industriousness.
14 And when I look at the types of things that Mr.
15 McReynolds is doing, was doing, he was holding multiple jobs
16 to support his daughter, support his family situation. He's
17 going to school.
18 One of the aspects that we see in that cultural
19 background, Midwestern Methodist African-American
20 background, is an emphasis on education, and not only by
21 emphasizing education for the child but through
22 demonstration.
23 So a lot of times they go after degrees. They'll
24 go after continuing education. They not only intend to
25 promote that within themselves or do that themselves, they
18
1 promote it in the children and they promote it in their
2 relationships so that education is a framing in the family.
3 There's also with the -- once again, that kind of
4 cultural background, an equality where there's equality
5 between sexes, equality between race, and they tend to
6 promote that through political activism, through social
7 interaction, and through expectation.
8 And the expectations on the family are that a
9 daughter is the same as a son. There's not a difference in
10 expectation of achievement, a difference in expectation of
11 potential in the future.
12 So when I looked at his background or look at that
13 background he came from and then look at the things that
14 he's doing in his life, you tend to match that. You could
15 see the industry. You could see the emphasis on education.
16 MS. HAMMILL: Your Honor, we have to object
17 as this -- I apologize for interrupting -- the background
18 being labeled as African-American. We need to point out
19 that we object to race being a consideration today, and I
20 know that we are referring to it as cultural background;
21 however, when it's being referred to as African-American, it
22 does not have a place as a factor in a custody determination
23 from the Supreme Court.
24 THE COURT: Well, the only thing I'm getting
25 out of his testimony right now is that diversity is good
19
1 and, you know, exposing the child to two different kinds of
2 diverse backgrounds can't hurt the child. I didn't even
3 catch -- did you say African-American?
4 THE WITNESS: Yes, I did.
5 THE COURT: Well, I'm not going to consider
6 that as a reason to decide what the visitation schedule is,
7 but I do see that, you know, if you're saying that this
8 might be brought into the child's background, you know --
9 I'm going to overrule that for right now.
10 I think counsel is correct in that, that does not
11 form the basis of determining custody obviously. I don't
12 find the testimony is really going to that as -- I mean no
13 one here has said the child should go to this individual
14 because he's African-American. We're not getting close to
15 that.
16 You're kind of indicating if I'm correct, and
17 correct me if I'm wrong, okay, there's two different diverse
18 ethnic backgrounds here, the child being exposed to both
19 makes her a better child. Did I generalize that pretty
20 well?
21 THE WITNESS: Yes.
22 THE COURT: Next question.
23 BY MR. WALTZ:
24 Q In the event that the father would be
25 provided a more limiting time period of exposure with his
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I daughter, in that event, do you see any detriment that could
2 arise with the development of that child, and if so, please
3 describe it.
4 A The -- when you look at the -- I guess the
5 research on father time with child in separated families,
6 there is a strong correlation between the amount of time
7 spent with father and the beneficial effects of social
8 accomplishments, academic achievement, employment
9 accomplishment.
10 And in situations where it's exposure to a
11 daughter in helping establish parameters for relationships
12 in the future, expectations in the future in those
13 relationships, so it tends to models who the individual may
14 choose to be with and the expectations that are put on that
15 person.
16 One of the studies that they found is that mothers
17 who had high involvement with their fathers in their child
18 care tend to expect that same involvement out of the fathers
19 of their children, which then tends to promote that
20 behavior.
21 And if you get a cycle started, okay, where that's
22 being perpetuated, there tends to be that academic and
23 social advancement of the children. So it's something that
24 if a mother has been exposed to it, then they tend to also
25 promote that particular behavior in the males who father
21
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1 their children.
2 And socially the more secure the child is or the
3 more exposure the child has basically to both parents and
4 the more access they have to them, once again more security
5 develops, the more adaptivity the person has.
6 And when you look at security in life and the
7 ability to be successful, a lot of it is based on the
8 individual's ability to adapt to changing environment, so it
9 is a very important factor in the development of a child.
10 Q Would the converse of this situation where
11 the mother did not have that exposure with her father, would
12 that converse be expected to occur of what you just
13 described?
14 A Yes, where a mother may not have had that
15 exposure to her father, she's not necessarily going to
16 realize the positive experience or realize the importance of
17 that relationship, and, therefore, if you look at the
18 research, probably not promote it.
19 Q Distance is apparently a factor in this
20 situation; that is, mother lives in Carlisle area, father
21 lives in Maryland area. Would it be expected that distance
22 is going to come into play or focus with the availability of
23 relationships or time constraints or amounts of time that
24 are to be spent by each parent with that child?
25 A I think distance is a complicating factor
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1 because it is great in this case; however, what I've seen
2 from Mr. McReynolds, in discussion with him, is that there
3 is flexibility.
4 There seems to be to some extent on both parts to
5 have the child exposed to both parents, so distance probably
6 isn't as great a factor as it would be in some cases, some
7 situations like this.
8 Q As an expert in developmental psychology, as
9 a psychologist, do you have an opinion as to an approach
10 that may foster the positive development of the child in
11 this case?
12 A I'm not quite sure I understood that.
13 Q Okay. Do you have an opinion in the
14 development of the child as to a type of visitation that
15 would be the most positive impact on the child?
16 A I can't say specifically because once again I
17 didn't evaluate the child and didn't do a custody
18 evaluation, but generally, developmentally, when we're
19 looking at what would be optimal -- and this would be the
20 case in intact families and in separated families -- the
21 more exposure to both parents, time with both parents so
22 that they can see the unique characteristics or qualities of
23 how the parent solves problems, how they approach
24 situations, how they engage in social activity, how they
25 spend leisure time, how they work, how they incorporate all
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1 those things into their lives is extremely beneficial, and
2 the more the child sees that way, the more it becomes
3 accepted practice.
4 So once again the child becomes adapted. They're
5 able to look at things from different viewpoints, different
6 ways, and basically tend to be more adapted than their
7 parents if there is good exposure.
8 In almost all cases at least research what they've
9 looked at is that exposure to fathers is primarily -- in
10 cases where it's successful -- is promoted by the mother.
11 And once again the impact of a mother having a good
12 relationship with her father and bonding, you know, in her
13 childhood tends to promote that in her family, in her
14 children.
15 So the number one factor in the research is the
16 amount of time fathers spend with their children and quality
17 time with children tends to be the acceptance of the mother
18 of that phenomena, acceptance of that happening.
19 MR. WALTZ: No further questions.
20 THE COURT: Cross-examine.
21 MS. HAMMILL: Thank you.
22 CROSS-EXAMINATION
23 BY MS. HAMMILL:
24 Q Dr. Lensbower, because you haven't spoken
25 with the child or the child's mother, Andrea Nelson, you
24
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1 have not been able to determine the -- what Andrea does or
2 does not offer as these specific qualities that you just
3 listed for Mr. McReynolds as to his cultural identity and
4 background?
5 A No.
6 Q And also you spoke about the bonding with the
7 primary caregiver that occurs in the first years, I believe
8 you said 24 to 42 months of the child's life. So if I told
9 you that Mr. McReynolds only began his overnight regular
10 visits with the child in February of 2006 of this year,
11 would you agree that the child has probably formed a
12 stronger bond with the mother?
13 A Once again I'm not sure because I didn't
14 evaluate the child and the mother. When we look at it -- if
15 I look at it from a purely developmental aspect or approach,
16 then for him not to have those overnight visitations or to
17 have minimal overnight visitations until the child was two,
18 two and a half would be good.
19 That would be what would be recommended
20 developmentally. I don't think that's how that was
21 determined, but -- so from a developmental model, that's
22 pretty normal. That's what should happen. From a -- and
23 then from that point then you promote, you know, we are
24 looking more at equalizing, trying to get as much exposure
25 as possible to both parents.
25
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•
1 The first two years of the child's life typically
2 would be the primary caretaker or would be the primary
3 exposure, and in a situation like this Mr. McReynolds would
4 have been required to visit the child at the child's home,
5 at the residence.
6 It would have been -- most of the time would have
7 been spent at that residence in visitation with the child.
8 The child wouldn't necessarily be going with Mr. McReynolds.
9 After two and a half, approaching three years of age, then
10 we start looking at the overnight visits, those types of
11 things.
12 Now, once again, we are well beyond that because
13 we've already spent three weeks ap art, and you don't want to
14 go backwards in thos e situations, those areas. What the
15 three weeks apart te lls me is that it w as successful, that
16 the child is pretty well adjusted, you know, there's a lot
17 of adaptation there. The child is very secure in order to
18 be able to successfully do that.
19 So what the parents are doing is good. There is a
20 lot of good parenting going on. There's a lot of good stuff
21 happening with this child if they are able to do three weeks
22 without that primary contact or primary caretaker contact
23 and bonding.
24 Q But because you haven't spoken with the child
25 or the mother or evaluated them, you can't say in this case
26
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1 that necessarily that that three week, one time in June
2 period was successful specific to this circumstance, can
3 you?
4 A No, I can't.
5 Q And, lastly, you've had the chance to review
6 the proposed custody schedules as Mr. Waltz said earlier
7 from both parties. The essential difference between them
8 over the summer months is about 25 days difference. Would
9 25 days over an entire year of Khaliese's life make a
10 material difference to the child's ability to bond with her
11 cultural heritage and father's influence?
12 A I don't know if there's a specific answer to
13 that in that there -- it would depend on the quality of the
14 days. It would depend on exactly what would happen within
15 that time period.
16 If there was very enriched time periods, 25 days
17 would make a big difference. If, you know, it was not, then
18 it would probably not make much difference. I think that
19 developmentally the thing that you would strive for would
20 still try to be equalizing as much time and opportunity with
21 each parent as possible.
22 Once you have that flexible framework so that you
23 can promote diversity. You can promote adaptation, and
24 things aren't always in nice little blocked off segments.
25 So developmentally if you get the child as adapted as
27
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1 possible, you want to try to approximate as much time with
2 each parent as possible or as much time with both parents as
3 possible.
4 And in short of that, you know, like I said
5 there's a correlation, a direct correlation in the amount of
6 time spent with father, a positive benefit up to 50 percent,
7 but you can't actually say what detriment there would be
8 necessarily for 25 days, you know, those types of time
9 periods.
10 MS. HAMMILL: No further questions, Your
11 Honor.
12 THE COURT: Any redirect?
13 REDIRECT EXAMINATION
14 BY MR. WALTZ:
15 Q Conversely, and as in both proposals where
16 mother has a predominance for all of the school year time
17 with the child, doesn't the 25 days out of three months in
18 the summer certainly place the father at a greater
19 disadvantage to the cultural exposure, to the familial
20 exposure, by virtue of lacking those 25 days?
21 A Yes, and I would say that you can look at it
22 as 25 days out of 3 months. It's one third or almost one
23 third of the time, so it does have a greater significance,
24 greater impact, when you're reducing the amount of exposure
25 by one third.
28
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I So if the mother would have, you know, custody or
2 primary exposure to the child throughout the school year,
3 throughout, I'll say, a nine-month time period, then in
4 order to get some equalization, most custody models then
5 look at the father or the non-custodial parent having the
6 majority of the time or an equalizing amount of time in the
7 summer or summer -- approximate summer months.
8 I guess the number one factor in this is you don't
9 want the child not to have exposure to the other parent at
10 least on some consistent basis. They need to know the other
11 parent is there. They need to have that contact.
12 They don't have good generalization at this age,
13 time concept, so a child doesn't even know what three weeks
14 is. That's not a tangible, relative thing for them. They
15 just know that their mother or father is not there and don't
16 really know when they'll be back, you know.
17 Like I said, adults have that arbitrary time that
18 we can look at and say, you know, in two more days we've got
19 X amount of hours. A child her age doesn't -- those
20 concepts aren't there yet.
21 So if she's having fun, time passes quickly. If
22 she's not having as much fun, then time probably moves more
23 slowly for her. As far as -- well, that's --
24 Q Does the lack of those 25 days fly in the
25 face of that window that you characterized up to age eight
29
• •
1 or ten that permits the father to personify that role and
2 incorporate those positive qualities into that child?
3 Doesn't those 25 days reduction fly in the face of that
4 window is what I'm asking.
5 A Yes. I think any reduction from, you know,
6 fifty percent exposure or equal exposure to both parents,
7 you know, flies in the face of promoting the best interest
8 or best developmental model for the child.
9 And once again if you look at 25 days out of 365,
10 it may not be significant, but 25 days out of 90, and if
11 it's 25 days a year for ten years, it's significant.
12 MR. WALTZ: No other questions.
13 RECROSS-EXAMINATION
14 BY MS. HAMMILL:
15 Q On that same note, is it ideal -- I'm going
16 to describe a situation, and then -- I apologize because I
17 have to describe a situation. The last -- the three-week
18 period that occurred between Khaliese and her father was in
19 June of 2006.
20 That was the last large chunk of time, period of
21 time, that occurred between them. We now are in the school
22 year, and there will be nine months of school until the
23 opportunity for another large period of time will be for
24 Khaliese and her father if that is scheduled.
25 Is it ideal after all of this time -- a year will
30
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1 have passed where Khaliese is with her mother primarily --
2 is it ideal for her to then be taken away for another
3 three-week period of time or greater considering the bond
4 you've spoken about that a child forms with their primary
5 caretaker and the importance of the other parent having
6 influence and time?
A Once again, ideally just jumping from a more
8 limited custody schedule to a three-week time period may be
9 extreme, may be something that would have to be worked up
10 to, but the fact that it has happened, and we're getting
11 close to that 42 month range next summer, presuming that's
12 what you're talking about, you wouldn't have necessarily
13 quite the impact that you would have had possibly this
14 summer.
15 When we look at -- ideally it is best if there was
16 some type of transition to that. And once again with the
17 amount of time that was spent throughout the school year,
18 that transition can be those long weekends, you know, school
19 vacations and things like that that could occur and make it
20 a more acceptable transition.
21 MS. HAMMILL: No further questions, Your
22 Honor.
23 THE COURT: You may step down, sir.
24 MR. WALTZ: May I have --
25 THE COURT: This is the last one.
31
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BY MR. WALTZ:
Q Following up to what she just said,
considering the last question, the fact that Malcolm had his
daughter the past seven days as opposed to simply being
isolated since the three weeks in June, and considering that
the daughter, I believe, is going to be starting Head Start,
also not a mandatory program, doesn't there appear to be an
opportunity even this forthcoming year for father to have
extended week-long visits which would certainly alleviate
the issue that was brought out by counsel?
A Yes. I would think if that's going to
happen, this would be the year to do it because she's not in
mandatory education. Once again they've got the time period
of three weeks and then a week, seven days I guess, which
has just passed, and to continue some pattern of that might
help bridge that gap. You know, they can -- if they could
do that through the school year that would be beneficial,
REDIRECT EXAMINATION
too.
MR.
THE
MR.
THE
MR.
Court, my witness
WALTZ:
COURT:
WALTZ:
COURT:
WALTZ:
is fini
No other questions, Your Honor.
You may step down, sir.
Thank you.
Would you like him excused?
Yes. If it would please the
shed if he could be excused if the
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other side doesn't object.
MS. HAMMILL: We do not, Your Honor.
THE COURT: Mr. Lensbower, you're excused.
Call your next witness.
MR. WALTZ: Malcolm.
Whereupon,
MALCOLM MCREYNOLDS
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. WALTZ:
Q Malcolm, if you would, please, for purposes
of the court identify yourself, your residence, and I'll
proceed after that.
A My name is Malcolm McReynolds. I live on
3001 Branch Avenue, Temple Hills, Maryland.
Q Malcolm, you have been employed over the last
year or several years. Is that correct?
A Yes, sir.
Q And you're currently employed?
A Yes, sir.
Q And would you -- if you would, please,
describe that employment.
A I work for the Office of Naval Intelligence
in a civilian capacity, and I am an active duty military
service member in the Army.
33
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Q So those two things, are you saying those are
your two jobs that Jeffrey Lensbower referred to?
A Correct.
Q Two separate positions?
A Two separate positions.
Q So you're active in the military right now?
A Yes, sir.
Q And you are to be discharged at any date
certain?
A September 18th, 2006.
Q And at that time you will then have --
THE COURT: What component is that, sir?
What are you getting discharged from?
THE WITNESS: United States Army.
THE COURT: Were you in the reserves or --
THE WITNESS: Active duty.
THE COURT: You were. And you're working as
a Department of Defense civilian with the Office of Naval
Intelligence?
THE WITNESS: Yes, sir.
THE COURT: I'm a little confused about how
you can be on full-time active duty and still have that
Department of Defense job. When do you do that?
THE WITNESS: I work nights in the military
and days in my civilian capacity.
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THE COURT: So right now because you're in
the United States with your Army job, you basically work
nights, and then this day job is with naval intelligence?
THE WITNESS: Yes, sir.
THE COURT: Okay.
BY MR. WALTZ:
Q Your naval intelligence position, are you
planning to remain in that capacity after September the
18th?
A Yes, sir.
Q And that's full-time?
A Yes, sir.
Q And those are what days of the week?
A Monday through Friday.
Q And what are the hours essentially?
A I choose to work nine to five, but the core
hours are nine -- they want us there from 9:00 a.m. to 3:00
p.m. You can come in a couple hours early and leave at
three, come in at nine and leave at five. Typically I do
nine to five.
Q And you've had these two jobs for what period
of time?
A This particular job I started July of last
year. Before that I was working somewhere else.
Q So July of '05 is what you're saying?
35
I A July of 105 I started at the Office of Naval
2 Intelligence.
3 Q And before July of '05 did you also have two
4 jobs?
5 A Yes, sir. I worked at the State Department.
6 Q So as long as Khaliese has been living, you
7 have been work ing at the two jobs. Is that correct or
8 incorrect?
9 A Khaliese was born at the end of June and I
10 started in the beginning of November with my first second
11 job.
12 Q Okay. And you've had steady employment with
13 two jobs ever since then?
14 A Yes, sir. Well, in May I transitioned from
15 the State Depa rtment at the end of April to July, and I was
16 doing just odd jobs as a second job in between that period.
17 Q And while you had these two jobs and would
18 visit your dau ghter, you were still pursuing your education?
19 A Yes, sir.
20 Q In what way?
21 A I was taking classes online.
22 Q And what major?
23 A Business management.
24 Q And what class are you in, freshman,
25 sophomore?
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three years ago
classes.
Q
A
Q
A
Q
A
degree.
C?
When my daughter was born, I was a freshman
. I'm a senior now. I have five more
Expected date of graduation?
December of this year.
December of '06?
Yes.
And then your educational plans, if any?
I'm going to continue on and get my Master's
Q And that's all -- and where would you plan to
attend for your Master's?
A University of Maryland online.
Q And your Bachelor's that you should be
receiving in December is from what university?
A DeVry University.
Q Now, in the opposing memorandum they indicate
that your frequency of visitation with your daughter was
somewhat limited. Did you go back and check your records to
try to determine from February of '05 to January of '06 your
frequency of visitation with your daughter?
A Yes, I did.
Q And you based your conclusions on what record
discoveries? I mean, how did you make this determination
that this is when you were seeing your daughter?
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I A I have my cell phone bills from Verizon
2 Wireless, and on those billing statements they indicate
3 where calls originated from. I have that record from
4 February up until July of when I changed over to T-Mobile.
5 They don't do that, so I got my bank statements
6 basically from July on up into January, and whenever I made
7 transactions, that's how I knew I was in the area. So I
8 know at least when I was there, and I'm pretty sure I was
9 maybe there more or she came -- brought my daughter down to
10 see me on days that I don't have transactions, proof.
11 Q Now, you provided me with a bundle of
12 calendar dates showing your work dates. I believe you
13 worked what three on, three off, something like that for the
14 military?
15 A Yes, sir.
16 Q And with two jobs, that would limit your
17 exposure to your daughter right off the bat?
18 A Yes, sir.
19 Q So after looking at these calendars that you
20 provided, did you conclude that of your days off, the days
21 that you weren't working, what few there were, were you able
22 to conclude the percentage of time that you were in the
23 Carlisle area seeing your daughter on those days off?
24 A Any time I was off, almost every time I was
25 off, I came back to see Khaliese, almost every single time.
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1 If I didn't feel like it, it wasn't enough to make me not
2 go. Every opportunity that I had I drove over here to see
3 my daughter.
4 Q If I were to tell you that would be
5 approximately 95 percent of the time based on the figures
6 that you provided to me, does that sound like an accurate
7 figure?
8 A Yes, sir.
9 THE COURT: Did anybody translate that into
10 how many days, though? You know, you're talking about 95
11 percent of your time off. What does that equal? How many
12 days?
13 THE WITNESS: I presented a calendar that had
14 all the days marked on it. I can show you that.
15 MR. WALTZ: Probably -- Your Honor, may I --
16 THE COURT: Yes.
17 MR. WALTZ: I have -- this is the best that I
18 could do from these figures , Your Honor. It's a breakdown
19 of days on the calendar. I t didn't -- it wasn't equated to
20 his days off. It was to th e total days of 365, and this
21 gives you an idea.
22 What I didn't do is precisely what you're asking.
23 I can't tell you the exact number of days unless I go back
24 on the calendar and count.
25 THE COURT: I'm going to have this marked
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1 Plaintiff's Exhibit No. 1. Well, first line says total days
2 father spent with child is 82 days. That's your position?
3 MR. WALTZ: Yes, Your Honor.
4 THE COURT: Ms. Hammill, did you see this?
5 MS. HAMMILL: Yes, we have. If I may beg the
6 Court's indulgence, we are going over it with our client
7 because we did have a slightly different way of writing this
8 down. We would just like to request, just to make it clear
9 what this is, was this a record prepared by the Defendant or
10 his attorney and not prepared by another agency or --
11 THE COURT: I believe you indicated you
12 prepared this?
13 THE WITNESS: I presented a calendar, and --
14 THE COURT: It's just his position on it, you
15 know what I mean. I understand he's reviewed his records,
16 and from that he's indicated I know when I worked, when I
17 didn't work, I tried to be with my daughter, and of all of
18 the days of the year he's saying I was with her 82 days.
19 MS. HAMMILL: Thank you.
20 THE COURT: Okay. I'm going to admit this
21 then as Plaintiff's Exhibit No. 2 to the record.
22 MR. WALTZ: Thank you, Your Honor.
23 (Whereupon, Plaintiff's Exhibit No. 2 was
24 marked for identification and admitted into
25 evidence.)
40
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1 BY MR. WALTZ:
2 Q Now, Malcolm, during this period of time when
3 Khaliese has been thriving, you have been providing support
4 for her and her mother?
5 A Yes, sir.
6 Q And could you describe that, please, to what
7 degree? You're saying she's three years old, so you've been
8 providing support for three years?
9 A Yes, sir.
10 Q Would you please describe that, in what
11 fashion or manner?
12 A Her mom hasn't worked for three years. She
13 has no income, and I provided whatever it took to support
14 her household, for her, my daughter, and her son.
15 Q Oh, her son. Is that your son also?
16 A No, sir.
17 Q Okay. So there's -- in the mother's
18 household, there are three members who live there, mother, a
19 son, and a daughter?
20 A Yes, sir.
21 Q And the one daughter is yours, Khaliese?
22 A Yes, sir.
23 Q Okay. And you've been supporting all three
24 of them for three years?
25 A Yes, sir.
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I Q Electricity, telephone, car insurance bill,
2 mechanics of her car?
3 A Cell phone bill, whatever costs money, fast
4 internet, everything.
5 Q Now, did there come a time in your
6 relationship that you decided to stop making those payments?
A Never. We decided to handle it through the
8 courts, but I've never stopped making payments.
9 Q Okay. Was there any time in this past year
10 where you attempted to assist Andrea through the services of
11 your brother?
12 A Yes, sir.
13 Q Would you describe that for the Court?
14 A Andrea is in her final year of school for her
15 nursing degree, and it's called clinicals. And she
16 described to me that it was going to be so demanding, very,
17 very demanding that she would need some help with Khaliese,
18 with the kids, while she's in school because either she was
19 going to go to school too early or not be able to get back
20 home to pick them up from day care.
21 We had two options. We were going to use Laurie
22 at one point, and Laurie was going to take Khaliese; and
23 then for whatever reason Laurie wasn't able to do it, so I
24 brought my brother from Michigan. I asked him to come down
25 and help out, and he did. He came down the 24th of December
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1 is when he got to her house.
2 Q And how long did that continue?
3 A It lasted for -- up until January 14th.
4 Q Was there any event that took place in
5 January that seemed to cause the severance of your
6 relationship with Andrea?
7 A Slowly things -- and for me, I was starting
8 to feel like it was getting too difficult for me to come see
9 my daughter. It was always some complication, something,
10 and I had to basically -- what I felt like -- argue her down
11 or something in order for me to find a way to get up to see
12 my daughter. It was always some excuse. It wasn't as easy
13 as I'm coming.
14 It got to that point slowly toward the end of '05.
15 I wasn't giving up on the situation. I brung my brother
16 down at the end of December. And when he came down --
17 whatever problem she had with me or whatever complaints she
18 had I could deal with, but it was a little bit hard for me
19 to deal with when she was complaining about my brother.
20 Whether it was warranted or not, I just took a
21 hard offense to that being that he uprooted himself to come
22 down and help her. So, anyways, she had problems with him,
23 and, you know, in the house and everything like that.
24 So I was starting to wear thin more and more, and
25 come the weekend of the 14th I wanted to come visit my
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daughter. She explained that she had study group, and she
took her over to Lori's house, and how hard it was going to
be for me to come down and see her. So I decided to just go
visit her over at Lori's house, and --
Q Had you ever done that before?
A I never visited Khaliese at Lori's house.
I've been over to Lori's house with Andrea and my daughter,
so this was the first time that happened. We just -- that
night was a really bad night, and I decided that -- I told
her we just need to do this in court, and that's what she
did.
Q Did she at any time prior to your filing your
custody complaint indicate that it was going to be difficult
or you weren't going to see Khaliese or something to that
effect that gave you a hint that you may not get to see your
daughter?
A Yes, after the 15th or the 14th, that
weekend, she just was making it hard for me to see my
daughter. I had come down basically between the 15th and
February 1st, and I asked to see my daughter.
And it was an emotional time, I guess, and she, in
my opinion, was acting emotional. It just depended on how
she felt on whether or not I would get to see my daughter.
I explained to her that I wanted to see my daughter on the
lst, and I would come down and get her, and she told me
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something to the effect that I wouldn't be able to get her.
I said, Well, I'll just come visit her at day care
and stay with her at day care. For some reason that day she
didn't take her to day care. I tried to call her that
morning, and she never answered her phone. I drove up
anyway.
I got up to day care. She wasn't there. I went
and bought some diapers at the commissary or at the PX, came
back over to the day care center, paid for that month, and
then left. No, I didn't. That's when I came to your
office. That's when I first decided to talk to you.
Q Now, you mentioned diapers. When you came
and visited the child, did you ever feed the child during
her three years of development?
A Yes.
Q Did you change her diaper?
A Yes.
Q If she fell down and hurt herself, did she
come to you?
A Yes.
Q When you were visiting, were the duties of
caretaker for Khaliese shared between you and Andrea?
A Absolutely.
Q Now, prior to meeting Andrea many moons ago I
suspect, in your family, did you ever have to take care of
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1 small tikes, small kids?
2 A Not children, two year olds. I have six
3 younger brothers and one older sister and two younger
4 sisters. Four of us were born from my father, and we
5 adopted six kids. The youngest child we ever adopted was
6 two, and that's the youngest, so by the time I was of age,
7 my youngest real sister, you know, she's like four or five
8 years younger than me.
9 Q But you did have to care for the younger
10 children?
11 A Yes, I did, and I still do to this day.
12 Q So you're not a stranger now to diaper
13 changing or caring for a kid in need or feeding a kid?
14 A Not at all.
15 Q Okay. Was there any time this past summer,
16 106, when you were advised that the agreement fell apart,
17 therefore, you're not going to see your child or words to
18 that effect or something that meant that?
19 A She has threatened me that I wouldn't be able
20 to see my kids on several times.
21 Q That happened this summer?
22 A She hasn't told me I wouldn't be able to see
23 my child this summer at all, no. This was following
24 January, I guess, what I would call the separation.
25 Q There was discussion that you had Khaliese
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1 this summer for three weeks. How did that go?
2 A That went fine.
3 Q What type things did you do with Khaliese? I
4 mean, did you work?
5 A Yeah, I was still working.
6 Q How did you deal with Khaliese when you were
7 working?
8 A I took her to day care. I set up day care
9 before she came down.
10 Q Is this a service related like at Carlisle
11 Barracks?
12 A For a couple weeks it was, and then I got her
13 -- because they didn't have slots available at the CDC. At
14 their CDC in Maryland, they have certified individuals,
15 people that live on post, like military service members'
16 wives or husbands or whoever they are.
17 They are certified, just like they are, and we
18 used them during the waiting period. So for a couple weeks
19 she was going to an individual until her slot became
20 available at the CDC.
21 Q And activities that you did with your
22 daughter?
23 A Go to water parks, we went to the museum,
24 Smithsonian, downtown. We go to just the parks outside, and
25 just generally play. There's another child in the house
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that she used to play with, and -- so just trying to enjoy
ourselves.
Q Did she develop friends in your area?
A One child, the child that lives with me.
Q Okay.
A You know, she met her -- she spent time with
her cousins, her second cousins, my first cousin's kids.
She lives like twenty minutes from me, so we spent time with
them, too.
Q In your household -- how many people live in
your household?
A Right now it is four people without my
daughter, me, my brother, my girlfriend, and her son.
Q And is this the same brother that assisted
you with Andrea?
A Yeah, when he left there, he came and stayed
with me.
Q When Khaliese comes to your house, does she
have a dedicated bed or space or how does that work with
her?
A Yeah, I have a two-bedroom place, and because
my brother is with me, he has that bedroom. He graduates
from school in December, and when he graduates he's going to
move out, but right now I just have -- I bought a bed for
Khaliese, and it's in my room.
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1 Q Okay. Do you foresee --
2 THE COURT: Name again the four people that
3 are in your house?
4 THE WITNESS: Myself, Malcolm; Marlena --
5 THE COURT: She's your girlfriend?
6 THE WITNESS: Yes. My brother, Clinton, and
7 her three-year-old son, Jaylin.
8 THE COURT: And where does he stay?
9 THE WITNESS: Where does he sleep?
10 THE COURT: Yes.
11 THE WITNESS: He has a bed, too.
12 THE COURT: In your room, though?
13 THE WITNESS: A little bed.
14 THE COURT: Thank you.
15 BY MR. WALTZ:
16 Q In the memo they made an issue that your
17 desire for more time with Khaliese is based upon the dollar
18 or child support or whatever other framework you want to use
19 here to quantify monetary. Is that correct?
20 A No.
21 Q What was your issue regarding the day care
22 here in Carlisle and the cost associated with the
23 non-attendance?
24 A I was under the impression that since I was
25 going to have Khaliese the majority of the year, that -- I
49
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1 mean the majority of the summer, that she was going to
2 cancel day care here, but she didn't. Because of the week
3 that Khaliese would be up with her mom, she had to keep day
4 care open for the whole month.
5 I filed for modification of child support because
6 -- thinking that they -- I wasn't asking them to take away
7 the bulk, the primary of the child support, I was just
8 asking them since I had her down there primarily can child
9 support costs be transferred up there.
10 He told me no. I just basically have to pay for
11 child care here and there, so it wasn't -- I was just asking
12 for the child care costs to be moved up to where I live at
13 since Khaliese was going to be there for the summer.
14 Q So you didn't mind paying child care
15 expenses?
16 A I've been doing it voluntarily four years.
17 Q It's just paying double child support where
18 the child was not going to be is the issue that bothered
19 you?
20 A That's the issue that bothered me.
21 Q Was there any period of time this summer that
22 you requested to have your daughter relative to your family
23 or family experiences?
24 A Yeah, this July, the weekend of the 21st,
25 which was the weekend that I was supposed to get her, we had
50
1 already agreed upon that, I let her know that I was going to
2 take Khaliese to my family reunion. She replied --
3 Q Where was that located?
4 A In Detroit, Michigan.
5 Q Okay.
6 A My mother lives in Detroit, her whole family
7 is in Detroit, and my father is in -- it's my father's
8 family reunion, so both sides -- this is never going to
9 happen again -- were all in the same place at one time, my
10 mother's side and my father's side. I had explained it to
11 her that everybody was going to be there, and I told her
12 that I wanted to take Khaliese.
13 She said -- we were going to leave Friday, the
14 weekend of the 21st and come back Sunday. She said I could
15 take her, I just had to have her back in Carlisle Sunday
16 morning at 8:30 because she had a birthday party to go
17 to. I told her I wouldn't be able to do that. We'll still
18 be in Detroit on Sunday morning. My family reunion, the
19 main date is Saturday.
20 So I couldn't take her. I mean I just couldn't
21 take her because I couldn't have her back by 8:30 on Sunday
22 morning. So she missed that. Everybody was there. People
23 that didn't even see her before, everybody, her first
24 cousins, everybody was there.
25 Q Now, did you ask Andrea -- how much in
51
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1 advance, if at all, did you ask Andrea to be able to do
2 this? When was the first time you asked her?
3 A I didn't get the clearance to leave -- I
4 didn't get the pass until the Tuesday before. I didn't
5 think that it would be a problem because I was supposed to
6 get her that weekend anyway. It wasn't like I wasn't going
7 to get her.
8 I just told her we were going out of town. I
9 would have had her back by the meeting time on Sunday. I
10 was just letting her know that I would be going to Detroit.
11 That's all. I didn't see why it would be a problem. I was
12 supposed to get her anyway.
13 Q So the reason you waited was you wanted to
14 make sure?
15 A I didn't find -- as soon as I found out that
16 I got the pass is when I called and told her.
17 Q Now, there was a time I believe in July,
18 maybe it was earlier than that, that your visitation
19 dramatically changed. Is that correct?
20 A Correct.
21 Q And was there a reason for that change?
22 A Yeah, the reason for the change in July, I
23 was -- we had agreed that I would get Khaliese the majority
24 of June, majority of July, and majority of August. I got
25 her for the June period.
52
I The beginning or the end of June and beginning of
2 July there was a military requirement that they had, meaning
3 that I had to go back. I was just working my one civilian
4 job at the Office of Naval Intelligence, and I was on
5 military leave for the summer.
6 They required that I come back for the month of
7 July, right before July, like June 29th or something, right
8 at the end of June to the 29th of July, I h ad to be in the
9 military. I had to do my military thing.
10 So I talked to the people at the Office of Naval
11 Intelligence. They said that I could come in at night there
12 and do my work that I have to do with them, and I did the
13 military during the day. So I was working sixteen hours,
14 Monday through Friday, a day through the wh ole month of
15 July.
16 And so I could have kept her, my girlfriend would
17 have been willing to keep her, but since we still had day
18 care here, I didn't want to put that burden on my girlfriend
19 because I wasn't hardly going to be there. She would have
20 been the one taking care of Khaliese for th e whole month of
21 July.
22 I thought it better to just send her back to her
23 mom for July. I explained to her mom that I could get her
24 every single weekend, if that's fine with y ou. If that's
25 not, I'll get her every other weekend, but I can't keep her
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1 during the week.
2 I wouldn't say that for no small reason. I
3 couldn't. L iterally I couldn't. If I had no choice, I
4 could have l eft her with my girlfriend to take care of her
5 basically.
6 Q So it wasn't because you didn't have a
7 priority for your daughter?
8 A No.
9 Q Was there any time this -- I guess this
10 summer or ma ybe in the spring where children and youth came
11 to your door investigating?
12 A Yes.
13 Q When did that occur?
14 A I want to say May. I can't remember the
15 exact date. It was before June.
16 Q And would you describe what is it that took
17 place? Were you being charged with something or
18 investigated about something?
19 A Andrea called them on me and told them --
20 Q This is Maryland Children and Youth?
21 A She called the Maryland Children and Youth,
22 yeah, and told them -- she called Sunday morning -- she
23 called at 11 :00 --
24 MS. HAMMILL: Objection, Your Honor. He
25 doesn't know the exact times that Ms. Nelson called.
54
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1 THE WITNESS: Not the date, I know the times.
2 MS. HAMMILL: And what Andrea told them.
3 THE WITNESS: I do know. I talked to the
4 person who answered the phone.
5 THE COURT: Right now we're still a little
6 primary. I can see us getting into some hearsay here, but
7 the objection is overruled right now. Sometime in -- when
8 do you think this occurred, sir?
9 THE WITNESS: It was before June. I want to
10 say May. Do you know the date? I don't know the exact date
11 of the --
12 THE COURT: Okay. What day of the week was
13 it?
14 THE WITNESS: Sunday.
15 THE COURT: Sunday. Sunday morning --
16 THE WITNESS: 11:00 a.m. she first called me.
17 BY MR. WALTZ:
18 Q She who?
19 A Andrea. She called to speak to Khaliese.
20 She called to speak to Khaliese. She called me at 11:00.
21 She said, What are you doing. I said, I'm laying down. She
22 said, Well, it's 11:00. Basically what are you doing still
23 laying down.
24 I was laying down in my bed. Khaliese and Jaylin,
25 the other three year old, were watching cartoons at the foot
55
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1 of my bed. And Marlena was there, my brother who was in the
2 Navy and his wife were also -- well, no, David wasn't there.
3 My brother, Clinton, and my brother, David, his wife, were
4 both in the house.
5 So she's talking, and at this point she didn't
6 know that I had a girlfriend, and my girlfriend wasn't
7 living with me at the time, she was just visiting. She
8 didn't know that. I know that she wasn't aware that
9 somebody was in the house.
10 Q You mean Andrea?
11 A Andrea didn't know that. We were on the
12 phone. She wants to speak to Khaliese. I tried to put
13 Khaliese on the phone. Khaliese doesn't want to talk. So,
14 you know, Khaliese is like, no, I don't want to talk, and
15 she does that.
16 But something was on the TV, and Jaylin got
17 excited, and he does it all the time, too. It was like
18 arghhh, you know, just excited like a little boy does.
19 Andrea responds, Who's yelling at Khaliese. Nobody is
20 yelling at Khaliese.
21 She asked -- she's asking me where did I sleep at,
22 things of that nature, and she basically is starting to lose
23 it on the phone. She's getting real upset. Well, let me
24 speak to Khaliese. Khaliese doesn't want to talk on the
25 phone. Put her on the phone. Andrea, Khaliese doesn't want
56
1 to talk.
2 She's just going off, and I finally said, Andrea,
3 I'm hanging up. I hang up the phone. She doesn't call
4 back. I have to meet her at 4:00 to return Khaliese, so
5 around a quarter to 3, between 2:30 and quarter to 3, I
6 leave out.
7 I'm on my way to meet her halfway between our
8 residences. I get called from my brother. Malcolm, the
9 police just came over here looking for Khaliese. And I'm
10 like, what were they saying. And basically they were coming
11 by to do a welfare check.
12 They said it was a call made by the mother to
13 child protective services, and they contacted us, the
14 Maryland police or whatever, the Temple Hills City Police,
15 and we're coming over to do a welfare check.
16 They looked around. My house stays clean.
17 There's no problem. They said okay. There's nothing here.
18 My brother told them, the police, that I was on my way to
19 drop my daughter off. That was the end of it.
20 So I go to drop Khaliese off. Andrea is at the
21 meeting spot. She doesn't say a word to me about calling
22 child protective services. In my opinion if I felt the need
23 to call child protective services on somebody and I see them
24 a couple hours later or whatever, I'm going to have some
25 words with them.
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1 She didn't say a word to me about it. I don't
2 think she knew that I knew, and I didn't say anything to
3 her. I just handed her Khaliese, and I left. When I got
4 back and I got to work that night, in the meantime they were
5 calling the police to understand what happened.
6 I got the number for the people at the child
7 protective services, and I called them. The same woman that
8 answered the phone was still on duty and she told me
9 everything that happened, so that's how I know what Andrea
10 said and all that.
11 Q Now, you had Khaliese this past week for
12 seven days, correct?
13 A Correct.
14 Q How did that visit go?
15 A That went fine. I went to Michigan.
16 Q You took her to Michigan?
17 A I took her to see my family.
18 Q Was there -- from the moment you received her
19 in exchange, was there any of that what appears to be
20 separation anxiety or things like that since she hadn't seen
21 you for some period of time?
22 A Not at all. She never has that.
23 Q When you see her during the exchange, how
24 does Khaliese appear?
25 A Fine. Happy. She comes up and hugs me, and
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1 there's no problem.
2 Q And when Khaliese leaves you during
3 exchanges, how does she appear when her mother is there?
4 A She's normally sleeping, but it's fine. It's
5 no problem. She just goes over to her mom.
6 Q So it doesn't matter whether she's coming to
7 you or to mom, she's carefree and happy?
8 A Happy to see both of us when, you know, she
9 misses us.
10 Q Does Khaliese, when she was with you in the
11 summer for three weeks or past week, did you notice if she
12 had any nightmares or anything like that?
13 A Not at all.
14 Q Any trouble sleeping?
15 A No trouble sleeping.
16 Q How long were you in Michigan with her?
17 A We got there Saturday morning, and we came
18 back Monday night.
19 Q Andrea knew you were going to take her to
20 Michigan?
21 A I didn't tell her. I didn't tell her because
22 of the last problem. When I told her before, she threw a
23 monkey wrench in it, so I didn't tell her. And there's
24 nothing in the order stating that I have to tell her that I
25 go out of town.
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1 Q How would you like the Court to determine the
2 custody and what type of framework would you like to see the
3 Court follow?
4 A I'm just asking for the summertimes. I want
5 Khaliese to go to school here in Carlisle. I absolutely
6 don't have a problem with it, and I understand that I can't
7 get Khaliese every weekend. So during the school year, and
8 I'll get her every other weekend, and vice versa in the
9 summer. When I have her for the summer, she can get her
10 every weekend then.
11 Q So you mean you want to flip flop. When Mom
12 has Khaliese during the school year, you would like to take
13 Mom's position in the summer months?
14 A Correct. And since I only have a three-month
15 period, up at least until Khaliese gets into kindergarten I
16 would like to request a two-week period, not a two-week
17 straight period, but just two weeks.
18 Like say if we want to go out of town and I want
19 to take her with me, and I can't get it done between Friday
20 and Sunday, just request a couple -- just a two-week period
21 when I can just say, Well, look, I need her for five days
22 through the weekend, from Thursday to Monday, because we're
23 going out of town. I just want a two-week period since I
24 only get her for three months out of the year.
25 Q And until she starts mandatory school, you're
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1 saying you would like that two-week availability not to be
2 restricted to the summer but to include the winter months?
3 A Through her school year.
4 Q And would you also like to see in any order
5 that would come out that where you and Andrea to agree,
6 other than what's in the order, that what you agree would be
7 paramount or would take priority over the order? In other
8 words, the order serves as the base and when you two agree
9 otherwise, you can do otherwise.
10 A I have no problem with that.
11 Q Is there any other preferences that you would
12 have?
13 A Not at this time. I want my summers, and she
14 can have the school years.
15 Q And you want to be in touch with your
16 daughter throughout the year?
17 A Absolutely.
18 MR. WALTZ: No other questions, Your Honor.
19 THE COURT: Cross-examine.
20 MS. HAMMILL: Thank you, Your Honor.
21 CROSS-EXAMINATION
22 BY MS. HAMMILL:
23 Q Mr. McReynolds, I'm going to try to go
24 through the order that your lawyer, Mr. Waltz, took you
25 through, and then I have some additional questions, so I'll
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I try to guide you with what we're talking about so we can
2 stay on the same page.
3 You stated that in -- well, you began speaking
4 about the summer of 2006, and then Mr. Waltz asked you about
5 if Andrea has ever told you you couldn't see your daughter,
6 and you corrected him and said that it was earlier, and it
7 wasn't during the summer, and you thought it might have been
8 back in January and February. Is that correct?
9 A Yes.
10 Q I'd like to just speak about that for a
11 moment.
12 A All right.
13 Q You also, earlier in your testimony, said
14 that this was an emotional time between the two of you. Is
15 that not correct?
16 A It wasn't emotional for me. It was for her.
17 Q So are you not saying that the only time that
18 Andrea has told you that you could not see your daughter was
19 during this emotional time that you, yourself, described as
20 emotional, in the time period of perhaps January or
21 February, the period of separation?
22 A Well, when I think of her saying that I can't
23 see my daughter, it's different. Like she'll say, I can't
24 get her this weekend. To me that's not saying I can't see
25 my daughter.
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1 Q I agree.
2 A So what are you asking me? Did she ever tell
3 I'm never going to see my daughter again? Because she said
4 that in February. She never said that in the summer.
5 Q And we're taking that statement, and so just
6 to clarify that statement that she said was the one example
7 that you have for us today in court about her ever saying
8 that you can never see your daughter, and that was during
9 the time you described as emotional during your separation?
10 A Um-hum.
11 Q And now I would just like to talk about when
12 you were describing your household?
13 A Um-hum.
14 Q Just to clarify, you stated that yourself,
15 Marlena, your girlfriend, her son, Marlena's son, and
16 Khaliese all sleep in the same bedroom?
17 A We all have beds in the same bedroom. A lot
18 of times me and Khaliese will go to sleep early, because I
19 pretty much put Khaliese to sleep. She goes to sleep when I
20 do. They stay up later. They'll sleep out in another room
21 or something. They'll sleep out in the living room.
22 Sometimes just me, Jaylin, and Khaliese are in the
23 bedroom, and Marlena is out doing homework because she is
24 going to school, too, so we don't all sleep in the same
25 bedroom every night. As a matter of fact, we don't sleep in
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1 the same bedroom the majority of the nights when Khaliese is
2 with me.
3 MS. HAMMILL: If I may have the Court's
4 indulgence for one moment.
5 THE COURT: Yes.
6 BY MS. HAMMILL:
7 Q You spoke in your direct testimony about
8 support during the time period before Domestic Relations
9 became involved and also since Domestic Relations has been
10 involved.
11 A Um-hum.
12 Q Before the time period that Domestic
13 Relations became involved, how much money were you giving to
14 Andrea per month?
15 A The first of every month eleven hundred
16 dollars went in her account, and then I would -- when I'm
17 visiting, I would pay for things and bought things, and I
18 generally transfer some more money towards the middle or
19 toward the end of the month because she needed it. I mean
20 easily thirteen or so a month.
21 Q You're speaking about the time period before
22 Domestic Relations became involved?
23 A Yes, I was already giving her that.
24 Q And then Domestic Relations became involved
25 in your support and at that point they calculated the
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1 correct amount based on your gross income and Andrea's
2 earning capacity and the time and the tables that are
3 provided to Domestic Relations for Khaliese, what she would
4 use from a two-parent income household, and they determined
5 an amount that was more than you had been paying prior?
6 A No, I actually -- when I started paying her
7 through Domestic Relations, I saved money. It wasn't as
8 much as I had been putting in the household before that.
9 Q How much are you paying now per month?
10 A Thirteen seventy-four.
11 Q And that money, that amount, was calculated
12 by Domestic Relations. Isn't it true that that amount is
13 calculated for Khaliese as custody, I'm sorry, child
14 support?
15 A Um-hum.
16 MS. HAMMILL: That's all I need to ask you
17 about that subject. Thank you.
18 BY THE COURT:
19 Q Are you making those payments regularly, sir?
20 A They are being garnished out of my check.
21 Q Do you have a wage attachment?
22 A Yes, sir.
23 BY MS. HAMMILL:
24 Q Isn't it correct that your petition that you
25 filed for Domestic Relations for the modification of child
65
1 support stated that you will have primary custody of your
2 daughter for the summer months?
3 A Correct.
4 Q And that you were asking for a decrease in
5 this order, in the order for child support?
6 A Yes.
7 Q And at that support conference didn't Andrea
8 offer you a credit to your arrears because of the day care
9 costs for the summer?
10 MR. WALTZ: Objection. I've been trying not
11 to object, but is there a relevance here with the support?
12 That's already been determined as it relates to the custody.
13 MS. HAMMILL: Your Honor, Mr. McReynolds
14 testified extensively about how he's always paid for the
15 support of his child and how he supports his child. He also
16 claims to support Andrea's household, and we are responding
17 to that.
18 THE COURT: I'm going to overrule the
19 objection. You can answer the question.
20 BY MS. HAMMILL:
21 Q Is it not true at the support conference that
22 we attended that Andrea offered you a credit of -- I believe
23 it was $200.00 a month for the --
24 A Not $200.00 a month. She would just knock
25 off $200.00 in the arrearages.
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1 Q But she did offer you a credit to your
2 arrears as an attempt to agree since the day care situation
3 was an issue for you?
4 A Yes, she said she would take $200.00 off the
5 arrears. That would help, but --
6 Q Thank you. I'd like to talk about the time
7 this past week when you took Khaliese to Michigan and you
8 stated -- isn't it true that you stated that it is not
9 required in the order for you to give Andrea notice or an
10 itinerary of where you go with Khaliese?
11 A Yes.
12 Q Did you not, earlier in the summer, require
13 an itinerary from Andrea for her vacation with Khaliese
14 stating that --
15 A She gave me one.
16 Q Excuse me? I'm sorry. Did you not require
17 that from Andrea?
18 A No, I didn't require that from Andrea.
19 Q Did you request it?
20 A I asked her for it. I asked her for it
21 because she put that out there.
22 Q You stated that you didn't tell Andrea that
23 you were taking Khaliese to Michigan, and that you were
24 going to Michigan?
25 A Um-hum.
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1 Q Did Andrea ask you where you were going or
2 did she call you during the trip and ask you where you were?
3 A Yes.
4 Q And what did you say to her?
5 A I said I was in Maryland.
6 Q So when the mother of Khaliese called your
7 phone and asked you where you were while you were in
8 Michigan --
9 A Um-hum.
10 Q -- you lied to her and told her you were in
11 Maryland?
12 A Yes.
13 Q Okay. Thank you. Mr. Waltz asked you how
14 Khaliese was this past week when she saw you because you had
15 not been with her for awhile, but isn't it true that you did
16 have two weekends with Khaliese earlier on in August?
17 A Yes, I did.
18 Q And you also heard earlier when Mr. Lensbower
19 testified that education is very important to you in your
20 background and with your family.
21 A Um-hum.
22 Q And you have also stated or you have stated
23 through your attorney, Mr. Waltz, that you would prefer
24 while Khaliese is in Head Start to remove her for a period
25 of two weeks each year for a vacation with you?
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1 A Yes.
2 Q Do you not agree that Head Start is very
3 important to the child?
4 A Yes, I agree that it's important, and I want
5 her to go to Head Start. Laurie is going to be there
6 teaching, and I want that more than anything. It's not like
7 kindergarten or fifth grade. It's just Head Start. For me
8 to take her out -- I don't think for me to take her away for
9 two or three days here and there is going to interrupt
10 anything.
11 Q I apologize. You just said for two or three
12 days, but we were speaking about fourteen days earlier when
13 you stated two --
14 A I'm not going to take her for fourteen days
15 in a row.
16 Q So to clarify, your request is to have
17 fourteen days but not consecutive?
18 A Not consecutive, no.
19 Q In June of 2006, this summer, when you had
20 Khaliese for three weeks, is it not correct that you were
21 working your two jobs at that time?
22 A No, I was just doing the civilian job.
23 Q Then I apologize. You'll have to clarify
24 that for me. What were your hours then in June during your
25 three weeks?
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1 A I worked -- I took Khaliese to day care about
2 9:00, and I picked her up after I got off at 5.
3 Q So how is it that you came to not work your
4 other job during those three weeks?
5 A I was on leave. I was supposed to be on
6 leave through the whole summer, but they required me to come
7 back in July.
8 Q You spoke about in July -- you just brought
9 it up again -- that when -- early on in July, maybe it was
10 late June, you contacted Andrea to let her know that you
11 would not be able to see Khaliese for the month of July?
12 A I didn't say that. I said I wouldn't be able
13 to keep her during the work week. I can keep her on the
14 weekends.
15 Q At that point in time did you tell Andrea
16 that -- isn't it true that you didn't tell Andrea that it
17 was a military requirement?
18 A Yes, that's true.
19 Q Isn't it true that you told Andrea that it
20 was a personal matter that --
21 A Never.
22 Q -- was none of her business?
23 A I never told her that it was -- what I said
24 to her was that -- I didn't want to tell her basically
25 because I don't like her knowing what I was doing. I never
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I told her it was personal. It's my business. It's none of
2 your business.
3 Q Okay. Back when -- you were talking about
4 when you used to visit Carlisle to visit Khaliese before you
5 would take her to your home in Maryland. Where would you
6 stay if you st ayed overnight in Carlisle during this period
7 of time prior to February 2006?
8 A At her house.
9 Q And then you spoke about some times where
10 Andrea didn't tell you that you would never see Khaliese but
11 that you weren't able to see Khaliese for specific days.
12 How much notice did you typically give her for those
13 requests?
14 A For the ones during the summer?
15 Q I'm speaking of the time period prior to the
16 summer agreement because --
17 A In February?
18 Q Yes.
19 A I would just say, you know, can I get
20 Khaliese this upcoming week. No, you're not going to see
21 her no more.
22 Q On that paper, the chart that you presented
23 that's Plaintiff's Exhibit, I believe, 2?
24 A Um-hum.
25 Q You stated that it was difficult to get your
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1 child between July of 2005 and January of 2006 and that you
2 requested a fe w times from Andrea, some visitations with
3 Khaliese?
4 A July of '05.
5 Q I apologize for not knowing the exhibit
6 number and the exact dates. I have from February 2005 to
7 January 2006.
8 A What are you asking me?
9 Q You said that you had some times where it was
10 difficult to see Khaliese because of Andrea. How much
11 notice were you able to give her before these requests?
12 A That I was coming up to her house?
13 Q Yes.
14 A No different than any other time. I mean --
15 I don't know. I mean, I never gave her like a week's
16 warning or anything like that. I would call her and say I'm
17 coming up.
18 Q Okay. And now I'd like to talk about the
19 beginning of th is custody matter when it began in February
20 of this year.
21 A Um-hum.
22 Q Isn't it true that you filed for custody less
23 than twenty days after Ms. Nelson filed for support?
24 A Yes, that's true.
25 Q And do you remember being in a custody
72
1 conciliation on February 24th, 2006?
2 A A custody conciliation?
3 Q In front of Hubert Gilroy?
4 A Wasn't that in March, March 16th or something
5 like that?
6 Q If it was in March, that's fine. We are
7 speaking -- you've only had one custody conciliation in this
8 matter.
9 A That was March.
10 Q Isn't it true that after the conciliation had
11 ended and th e order had been dictated that you asked Mr.
12 Gilroy, the custody conciliator, whether partial custody
13 periods were enough to get a decrease in your support
14 obligation?
15 A I asked him because I knew we were going up
16 for --
17 Q Excuse me. Thank you. I'm just asking you
18 if you stated that.
19 A No, I didn't.
20 Q So you're stating that you did not ask Mr.
21 Gilroy if your partial custody periods that were just
22 outlined in the dictation --
23 A I asked him --
24 MR. WALTZ: Objection. Asked and answered
25 previously.
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THE COURT: Sustained.
THE WITNESS: We hadn't even gone for child
support at that time. We had gone for child support after
that. I asked him how would this affect it when we go.
BY MS. HAMMILL:
Q Thank you. Do you recall attending a support
conference on June 22nd, 2006, at Domestic Relations?
A Yes.
Q Do you recall at that time learning in the
support conference that even if your proposed custody
schedule -- if you received in the schedule every single day
that you proposed, and your holiday schedule --
A Um-hum.
Q -- that you would not receive a support
reduction for that reason based on those days?
A Yes, my attorney told me if I don't have her
for more than forty percent of the year, I knew that I
wasn't going to get that. I just wanted the child care
switched from Carlisle to Maryland. That's all I was
requesting.
MS. HAMMILL: Okay. No further questions,
Your Honor.
THE COURT: Redirect.
MR. WALTZ: No, sir.
THE COURT: You may step down. We're going
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I to take a recess now, and I'm going to reconvene at -- will
2 this be your last witness?
3 MR. WALTZ: Yes, Your Honor.
4 THE COURT: And then you have obviously the
5 mother, and I believe there was a doctor?
6 MS. HAMMILL: And then there's a teacher and
7 a neighbor.
8 THE COURT: Okay. Well, we should be able to
9 finish this afternoon, obviously.
10 MS. HAMMILL: Your Honor, the doctor was
11 waiting to be called this morning. During this break I will
12 contact her and see if we can find a new time. I understand
13 that Your Honor's last hearing ran over. She was requesting
14 to be testifying at ten in the morning, so I will contact
15 her and find out if we can schedule a time later.
16 THE COURT: Just to be as certain as possible
17 so she doesn't have to stand by, if you can call her -- and
18 we'll reconvene at 1:30 -- and have her on the line right
19 then, if that's suitable with her. I took his expert
20 witness out of turn, so we could open the afternoon with Dr.
21 Hoffman, is it?
22 MS. HAMMILL: Holly Hoffman.
23 THE COURT: Do her and then go to mother and
24 you can finish up with your other two. Now, if she's not
25 available for that time, I'm certainly flexible, and we'll
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1 start with mother and fit her in whenever she can do it.
2 MS. HAMMILL: The woman who works at Head
3 Start, Melody Irwin, had previously given me some long
4 periods of time that she could testify during. One of those
5 was the morning and the other one was between 1:30 and 2:30.
6 She would be all right, if it ends up we try to fit her in,
7 those times would be convenient for her also.
8 THE COURT: Okay. I think I've got a pretty
9 good idea -- just from reading your memo -- about where the
10 parties are in this case, so I'm going to be very flexible
11 with you. If none of these people are available, we're
12 going to start with mother; otherwise, I would probably
13 listen to any one of the other ones beforehand if you've
14 made arrangements with them to be on the phone exactly in
15 that amount of time.
16 MR. WALTZ: Your Honor, if I had a proffer --
17 I read the memorandum, too. If I had a proffer on what
18 they're going to testify over the telephone, it's possible I
19 would stipulate and they don't need to testify.
20 THE COURT: Well, if you want to work out
21 what the stipulations are, this isn't coming down -- I'll
22 just share this with you right now. It's not coming down to
23 the question of one person is not doing a really good -- is
24 doing a really terrible job in caring for the child.
25 So if you're talking about -- you know, I haven't
76
1 heard anything or no one has testified that mother hasn't
2 done a great job with the child, and it's okay. That sort
3 of seemed to be the nature of what you were going to get
4 from the teachers and the aides, that the child seemed well
5 adjusted, etc.
6 If you can reach that, that's okay. If you don't
7 want to, I'll be happy to listen to it, but this is really
8 just going into, you know, balancing the best interests of
9 the child with regard to what amount of time each parent is
10 going to get.
11 MS. HAMMILL: Your Honor, certainly if
12 nothing else, after we speak with Mr. Waltz, we can
13 certainly tailor the testimony to try to confine it as much
14 as possible.
15 THE COURT: Okay. Thank you. We'll stand in
16 recess until 1:30.
17 MR. WALTZ: Thank you.
18 (Whereupon, the luncheon recess was taken.)
19 (Whereupon, Defendant's Exhibit No. 1 was
20 marked for identification.)
21 THE COURT: I think the Plaintiff then had
22 rested, and we're ready to proceed with the Defendant's
23 case. Ms. Hammill, what did you decide? Who do you want to
24 call first?
25 MS. HAMMILL: Your Honor, I spoke with Dr.
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Holly Hoffman -- well, I spoke with the receptionist, and
Dr. Holly Hoffman has a very busy day. If by any chance we
would be able to get ahold of her, it would be at 4 p.m.
today, but it's very unlikely.
So we've spoken with Mr. Waltz, and we have a
letter from Dr. Hoffman that she wrote prior to the first
hearing on March 21st, 2006, that we would like to enter as
Defendant's Exhibit, I believe, No. 2.
Mr. Waltz has stipulated to that as an exhibit in
order to avoid the problems with Dr. Holly Hoffman's
testimony on the phone today.
THE COURT: Mr. Waltz, are you agreeable?
MR. WALTZ: That's fine. That's a
Defendant's exhibit, right?
MS. HAMMILL: Yes.
THE COURT: It will be admitted as
Defendant's Exhibit 2, that being a letter from Dr. Holly
Hoffman.
(Whereupon, Defendant's Exhibit No. 2 was
marked for identification and admitted into
evidence.)
MS. HAMMILL: My name is Jill Hammill. I'm a
certified legal intern representing Defendant Andrea Nelson
today. I have entered my consent for appearance and my
certification as Defendant's Exhibit No. 1.
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THE COURT: They'll be admitted.
(Whereupon, Defendant's Exhibit No. 1 was
admitted into evidence.)
MS. HAMMILL: And we also spoke with Mr.
Waltz about Melody Irwin, the director at the CDC. Mr.
Waltz has agreed that he would stipulate to the fact that
Khaliese is a well-adjusted child, happy, and performs well
at day care in order to avoid having to take up time with
the testimony of Melody Irwin on the phone today.
THE COURT: And that person's name again is?
MS. HAMMILL: Melody Irwin, the director of
the CDC.
THE COURT: Are you agreeable to that
stipulation?
MR. WALTZ: Yes, Your Honor.
THE COURT: Then the testimony as presented
by Ms. Hammill will be admitted by stipulation.
MS. HAMMILL: Thank you. Your Honor, I'd
like to call my first witness, Andrea Nelson, to the stand,
please.
Whereupon,
ANDREA NELSON
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. HAMMILL:
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Q Please state your name and address.
A Andrea Nelson, 1387 Grandview Court,
Carlisle, Pennsylvania.
Q And who lives in your household?
A Myself, my eight-year-old son, Jelani, and my
three-year-old daughter, Khaliese.
Q And could you please describe your house?
A I have a three-bedroom home. There's three
bedrooms upsta irs, full bathroom, living room, dining room,
half a bathroo m downstairs, and the kitchen.
Q Do you work?
A No.
Q And do you go to school?
A Yes.
Q Where do you go to school?
A Harrisburg Area Community College.
Q What are your hours at the college?
A Monday, Wednesday, and Friday from 7:30 to
3:00 p.m. and Tuesday and Thursday 9:30 a.m. to 12:30 p.m.
Q And when do you expect to have your degree?
A March 2007.
Q And what job will you expect to have when you
graduate?
A A licensed practical nurse.
Q You heard Mr. McReynolds and Dr. Lensbower
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1 testify today that it was important to Mr. McReynolds that
2 there's education and focus on education for his daughter.
3 And can you tell us a little bit about your perspective on
4 education for your daughter?
5 A I agree. I think it's very important for
6 her. That's why I have her enrolled in Head Start, so she
7 can get that extra nudge beforehand. My son was also
8 enrolled in Head Start, and we had a good experience.
9 Q And how are you able to financially support
10 your household?
11 A I take students loans. Currently off my
12 child support as well, and I've gotten grants. My rent is
13 income based.
14 Q And you mentioned your child support. I
15 would just like to talk for a moment about that. Currently
16 about how much child support do you get from Mr. McReynolds?
17 A It's -- I think 634, $635.00 every two weeks.
18 Q And prior to Domestic Relations getting
19 involved in your support matter in approximately February
20 2006, beforehand what was your arrangement for support with
21 Mr. McReynolds?
22 A We had an agreement through Domestic
23 Relations of $200.00 per month that was garnished from his
24 wages. He had also given me $500.00 into my account monthly
25 towards the child support, and we did that because we both
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1 were aware that my rent was income based. Instead of it
2 going all towards r ent, it went more for Khaliese's care.
3 Q And so prior to February 2006 when Domestic
4 Relations intervene d and you had a calculation done at the
5 support office, Mr. McReynolds was paying significantly less
6 amounts of money to you for child support?
7 A It a verages -- he was paying less to me, but
8 he was also paying her day care, so -- it averaged, still
9 averaged less.
10 Q And what is your relation to Khaliese
11 McReynolds?
12 THE COURT: Let me stop you. What was the
13 cost of the day care then?
14 THE WITNESS: At that time it was $417.00.
15 THE COURT: And that's per month?
16 THE WITNESS: Yes.
17 THE COURT: So you're getting $417.00 per
18 month from him for day care?
19 THE WITNESS: He paid the day care directly
20 by check.
21 THE COURT: And then he did give you $200.00
22 for --
23 THE WITNESS: Through Domestic Relations.
24 THE COURT: And then put five hundred in your
25 account?
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1 THE WITNESS: Right.
2 THE COURT: Okay.
3 BY MS. HAMMILL:
4 Q What is your relation to Khaliese McReynolds?
5 A I'm her natural mother.
6 Q When was she born?
7 A June 28th, 2003.
8 Q And since she was born, who has been her
9 primary caretaker?
10 A I have.
11 Q And have you been the parent who takes
12 Khaliese primarily to the doctor?
13 A Yes.
14 Q And how about her school meetings?
15 A I attend her child care parent meetings and
16 such forth.
17 Q Are you primarily the parent who feeds her
18 every day?
19 A Yes.
20 Q And who takes care of Khaliese while you're
21 at school during the day?
22 A She goes to day care, and she's enrolled in
23 the Head Start program.
24 Q I would just like to take you back to Mr.
25 McReynolds' testimony for just a moment since we're on the
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1 subject of child care. You heard Mr. McReynolds talk about
2 that this past summer there was a problem between the two of
3 you over the cost of child care because of the arrangement
4 that you had worked out for custody.
5 A Right.
6 Q Could you please explain to the Court why it
7 was important for you to keep Khaliese enrolled in day care
8 even while she was at Mr. McReynolds' household this summer?
9 A He was not supposed to have physical custody
10 of her until June 13th, so I then had half of June that was
11 already paid for prior to the agreement. And then I was
12 going to have a week in July and a week in August.
13 If I withdrew her from day care, there was a
14 waiting list. She was not able to be readmitted. So she
15 would have lost her spot, so when she had came back to me
16 after the summer months, I wouldn't have had proper child
17 care arrangements.
18 Q And you say when she came back to you in
19 September -- I understand now she's enrolled in a different
20 day care, but at that time did you believe that she was
21 going to remain in the same day care and that was why you
22 were still concerned about that?
23 A Yes.
24 Q You've also heard Mr. McReynolds discuss your
25 relationship.
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I A Um-hum.
2 Q Did you and Mr. McReynolds ever live
3 together?
4 A No.
5 Q And why did -- when did you and Mr.
6 McReynolds end your romantic relationship?
7 A It dissolved in -- it began dissolving
8 February 2003 and May was pretty much done.
9 Q And you've heard Mr. McReynolds explain and
10 you know that he lives in Maryland. How long of a drive is
11 it between your houses?
12 A Two and a half hours.
13 THE COURT: Do you have a car, ma'am?
14 THE WITNESS: I do.
15 THE COURT: And there was some talk earlier
16 on about place of the exchanges. Where were you meeting for
17 exchanges?
18 THE WITNESS: 7800 Biggs Ford Road in -- I
19 think it's considered Frederick, Maryland.
20 THE COURT: Was that about halfway?
21 THE WITNESS: Apparently but to his testimony
22 earlier it only takes him about an hour. It takes me about
23 an hour and a half. The mileage is about halfway.
24 THE COURT: But Frederick, Maryland, is where
25 you do that?
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1 THE WITNESS: Yes.
2 THE COURT: I'm sorry.
3 MS. HAMMILL: Excuse me, Your Honor. If I
4 may beg the Court's indulgence for one moment.
5 THE COURT: Sure.
6 BY MS. HAMMILL:
7 Q I'm sorry. You've heard Mr. McReynolds also
8 say that there were times at the very beginning of when the
9 two of you began working on the interim custody order that
10 there were issues between the two of you.
11 One of those issues was child protective services.
12 Did you call child protective services on the day in
13 question?
14 A Yes.
15 Q And why did you call child protective
16 services?
17 A I was concerned about our daughter. He had
18 called me from the mall previously that night, told me he
19 was at the mall. His speech was slurred. He sounded
20 intoxicated.
21 The next morning when I called he had said that he
22 was still in bed, and I heard our daughter screaming. I
23 didn't know what was going on, and he would not put her on
24 the phone.
25 Q So when you called child protective services,
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I did you believe that you were making true statements to
2 them?
3 A Yes.
4 Q Was your goal at that time to punish Mr.
5 McReynolds in any way?
6 A No.
7 Q What was your goal?
8 A To protect our child.
9 Q What did you ask child protective services to
10 do that day?
11 A Just to check on her and make sure that she
12 was all right.
13 Q And then later that day when Mr. McReynolds
14 met you at the halfway point, you heard him say earlier that
15 you didn't mention to him that you had called child
16 protective services. Why didn't you tell him that?
17 A I'm not going approach that subject at
18 exchange by myself with my daughter present.
19 Q So, to clarify, was it because Khaliese was
20 within earshot?
21 A Yes.
22 THE COURT: But when you were going -- during
23 the period that you were close to the father, I mean had you
24 had any prior concerns about alcohol or anything at that
25 time?
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THE WITNESS: Yes, I did.
THE COURT: And what were those?
THE WITNESS: I had asked him on numerous
times -- I've allowed him to come to my house and stay with
her. I think it is important for him to be in her life, but
he -- from my knowledge of being with him, he had a drinking
problem, and I had asked him not to come to my home anymore
if he was going to drink.
THE COURT: Okay.
BY MS. HAMMILL:
Q Thank you. In addition to the call to
children's services, did you have any other concerns with
Mr. McReynolds having overnights with Khaliese?
A I was just concerned about her sleeping
arrangement, where she was sleeping.
Q Did you at any time suggest that Mr.
McReynolds was having sexual relations with his girlfriend
in the bed with Khaliese there?
A No, I -- no.
Q Did you give Mr. McReynolds at one point a
bed for Khaliese to be able to sleep on at his home?
A Yes.
Q And is it your understanding now that Mr.
McReynolds has fairly appropriate accommodations for
Khaliese with her bed at this time?
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A From what he says, yes.
Q Are you concerned at all about the number of
people in the room?
A Yes, I am.
Q You also heard Mr. McReynolds say that you
were late dropping Khaliese off before. I'm sorry. No, he
did not say that. I apologize. Now that we were talking
about custody exchanges, do you think that it is important
for Khaliese to have a relationship with her father?
A Yes, I do.
Q And do you feel that you've been encouraging
Mr. McReynolds' relationship with Khaliese?
A Yes, I have.
Q Can you tell us a little bit about how you do
that?
A I've tried to work around the interim order
that we had. I have agreed to meet him halfway. He calls
on a Wednesday and says he wants her on Friday. Sometimes
that's okay. I don't have any problem with him seeing her.
Q Will you continue to encourage their
relationship in the future?
A Yes.
Q Okay. We talked about custody earlier in the
year and Mr. McReynolds' relationship with Khaliese. Now I
would like to talk about this summer of 2006. Were you
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scheduled for a custody hearing this year?
A Yes.
Q When about do you --
A It was in May.
Q Rather than go, did you and Mr. McReynolds
reach an agreement to custody?
A Yes, the evening before.
Q And what was that agreement?
MR. WALTZ: Objection. Any negotiations are
not subject to evidence in a hearing.
THE COURT: I understand that rule, but I
mean basically this is just come down to this is what the
parties -- I'm going to overrule the objection. I just --
there's no real prejudice here whatsoever.
THE WITNESS: Could you repeat that?
MS. HAMMILL: Yes.
BY MS. HAMMILL:
Q What was the agreement that you came to for
the summer custody schedule for Khaliese?
A I agreed to let Malcolm have Khaliese from
the third day of the end of the school year to the third dat
before the beginning of the next, and it was based upon a
three week, one week rotation, where he would have her three
and then I would have her one. He would get her back three
and as such follow through to the end of the summer.
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1 Q Did you agree generally to a holiday
2 schedule?
3 A We agreed to a normal holiday schedule.
4 Q So the only real issues at that point that
5 were left was the summer schedule and the holiday schedule?
6 A Correct.
7 Q Did the two of you -- okay. Let me erase
8 that. I apologize. Did you follow through with the
9 agreement and begin the schedule?
10 A Yes, I did.
11 Q Eventually did it turn out that the schedule
12 worked for the two of you this summer?
13 A No.
14 Q Why was that?
15 A on -- I don't remember the exact date of the
16 phone call th at I had received.
17 Q That's okay.
18 A But I had gotten a call from Ms. Laurie --
19 can you ask m e -- I'm not sure what you're looking for.
20 Q That's okay. Shortly after the agreement was
21 reached about the three/one week rotation?
22 A Um-hum.
23 Q As I understand, you just said you met
24 halfway with Mr. McReynolds to drop off Khaliese for three
25 weeks?
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1 A Right.
2 Q Did eventually the discussions about that
3 schedule dissolve and now we are no longer going on that
4 schedule?
5 A Yes.
6 THE COURT: Why don't you tell me how that
7 happened? I mean we heard the testimony earlier. June went
8 okay. He's basically indicating that he got -- the United
9 States Army told him we have to call you back. He comes
10 back and couldn't deal with that. Is that when he called
11 you?
12 THE WITNESS: He called me on July 5th and
13 told me that he couldn't get her back for July and said it
14 was due to personal reasons.
15 THE COURT: So he didn't explain the business
16 about the service requirement?
17 THE WITNESS: No, but that was fine. I kept
18 Khaliese. I got her that following weekend, and then I got
19 her back. I kept her for July. Toward the end of July, I
20 received notice that they wanted to revert back to the
21 temporary order from the conciliator which was based on the
22 twelve week rotation schedule. So then he didn't have her
23 for August either except for the weekends.
24 THE COURT: Why didn't he have her for
25 August?
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1 THE WITNESS: I don't know.
2 BY MS. HAMMILL :
3 Q Did the rotating -- did the interim order
4 that you went back to provide that Mr. McReynolds have weeks
5 during the sum mer months?
6 A No.
7 Q Generally what -- very generally, you don't
8 have to know word by word, but very generally what did the
9 interim order provide?
10 A When he was off on weekends, he had her both
11 weekend nights . When he worked one of the weekend nights,
12 either Friday or Saturday, he had her the night that he was
13 off.
14 Q So that schedule covered only weekends?
15 A Correct.
16 Q And who asked that the interim order be
17 resumed?
18 A The Plaintiff.
19 Q Mr. McReynolds?
20 A Mr. McReynolds, yes.
21 Q Okay. I'd like to go back to the time -- the
22 three weeks in June.
23 A Um-hum.
24 Q Do you believe that the June visit went okay
25 between Khaliese and Mr. McReynolds based on -- when she
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1 came back to you after the three weeks, was her behavior any
2 different towards you?
3 A She was very clingy, wouldn't leave my hip.
4 She, you know, hugged me and just laid on my chest and just
5 kind of cuddled me. She was happy to see me.
6 Q Were there any other behaviors that she
7 exhibited after that visit that was different from before
8 her long visit with her father that concerned you?
9 A She -- we would go on walks, and she --
10 instead of letting my son push her stroller sometimes like
11 he likes to, she wanted me there constantly. She was right
12 there on my hip. Wouldn't let go. She had told me before
13 that she was pissed off at me or I pissed her off.
14 Q Okay. And you also -- you attended a support
15 conference in the end of June. This is before -- this was
16 in the middle of those three weeks, I believe?
17 A Um-hum.
18 Q When you saw her and reunited with her, what
19 was that like?
20 A She came right up to me, hugged me, and laid
21 on my chest.
22 Q In the agreement that you and Mr. McReynolds
23 reached with the three/one week rotation, who would have had
24 custody of Khaliese during her birthday at the end of June?
25 A He would have.
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Q Okay. Was it important for you to see
Khaliese on her birthday?
A Yes, or as close to.
Q So could you please explain how it ended up
that Mr. McReynolds had that day?
A Well, her birthday fell on the three weeks.
I had said that he could have her over her birthday, but I
wanted her that weekend because I had a party planned for
her to celebrate her birthday.
Q So did Mr. McReynolds know that it was
important for you to see her on her birthday?
A Yes.
Q Did you -- well, as far as you know, did Mr.
McReynolds celebrate Khaliese's birthday with her on her
birthday?
A No.
Q How do you know that?
A He was at work that day and then I had got
her that evening.
Q So you saw Khaliese on her birthday?
A Yes.
Q How did that schedule change?
A I had received a call from Ms. Laurie stating
that Malcolm had called her and asked her to watch my
daughter for a week while he went away for work.
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1 Q And was there a specific day during that week
2 that was of special importance to you and Khaliese?
3 A Her birthday.
4 Q So you're telling me that Mr. McReynolds knew
5 it was import ant for you to see your daughter on her
6 birthday, and he didn't celebrate it with her, and he asked
7 a third party to watch her instead of calling you, and it
8 wasn't until later that you found out that was happening
9 that you were able to see Khaliese on her birthday?
10 A Correct.
11 Q How did you work it out that you would have
12 Khaliese on h er birthday?
13 A I called him and asked him because I tried to
14 wait to give him time to see if he was going to call me, and
15 he hadn't, so I called and asked him if I could have her.
16 Q So it wasn't until you called Mr. McReynolds
17 that you were able to request to have Khaliese while he was
18 away?
19 A Yes.
20 Q You heard Mr. McReynolds testify earlier that
21 on the 21st of June, I'm sorry, July, that he had a family
22 reunion with his family in Detroit, Michigan, and that he
23 requested from you to have Khaliese and that he ultimately
24 did not take her.
25 A Um-hum.
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1 Q Could you explain what happened to lead up to
2 that event?
3 A He didn't call me until the Wednesday before,
4 and he wanted her Friday. He had already had his four
5 weekends, and it would have been down to the four that we
6 shared. So I told --
7 Q I'm sorry. Are you speaking of under the
8 interim order right now? Just to clarify, you're talking
9 about the inte rim order?
10 A Yes. He had already reverted to not have her
11 and then calle d me that Wednesday and told me that he wanted
12 her Friday. I told him that he could take her until Sunday
13 because we had plans.
14 Q Did Mr. McReynolds at all before that Friday,
15 the pick up da y, tell you that it was going to be a family
16 reunion?
17 A Not until that Wednesday.
18 Q Oh, not until Wednesday, I'm sorry. The
19 following week end was July 28th?
20 A Um-hum.
21 Q Was there also a custody exchange that
22 weekend?
23 A Yes.
24 Q When did Mr. McReynolds inform you that he
25 would like to see Khaliese that weekend?
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1 A Wednesday night.
2 Q And what did you arrange?
3 A I told him that he could have her, but my son
4 had a therapy appointment from 4:30 to 6:30 and that I could
5 not be at the exchange point. He was more than welcome to
6 come to my home to pick her up.
7 Q Did he pick her up from your house that day?
8 A Yes.
9 Q How did that happen?
10 A He called the cops and reported that I failed
11 to show up for a custody exchange, so I had to take her into
12 the police station to exchange.
13 Q Is it true that you were very happy for
14 Khaliese to visit with her father that weekend?
15 A Yes.
16 Q The only problem was the driving because of
17 the late notice. Is that correct?
18 A Yes. Yes, and then I had -- I was at the bus
19 station picking up a friend when he had called and said he
20 was there. So I told him it would be about twenty minutes
21 until I got back there.
22 I explained that the bus was running a few minutes
23 late to the officer. I called back into the station to let
24 the officer know that the bus was running a few minutes
25 late, that I was coming. I wasn't avoiding, so, yes.
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Q Did you arrange something for the return of
Khaliese to you at the end of that weekend?
A Yes, we were going to meet halfway.
Q Did you drive halfway on Sunday to meet him?
A Yes, I did.
Q And was he there with Khaliese?
A No, he was not.
Q Did you believe that he would be there?
A Yes.
Q Was there a reason that you believed he would
be there?
A On Friday when we exchanged at the police
station, we verified with Officer Miller that he was, in
fact, going to be at the exchange point in Frederick,
Maryland, at 4:00 on Sunday.
Q Did you attempt to reach him at the halfway
point on Sunday?
A Numerous times.
Q And what happened from those attempts on
Sunday?
A Quite a few. He didn't answer, and then he
told me he wasn't coming.
Q And did you attempt to reach Mr. McReynolds
the next day?
A Yes.
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Q And what happened?
A He was at work, and I asked him where she was
at so that I could come get her.
Q So what did you do?
A I went and got her.
Q Where did you go get Khaliese?
A She was at his home.
Q So you drove all the way there?
A Yes.
Q Okay. Did Mr. McReynolds -- I just -- I'm
going to tal k about August now. Did Mr. McReynolds exercise
three weeks of custody per your agreement in August?
A No, he did not.
Q Why didn't he? You don't need to speak for
him, but why do you believe he did not exercise those three
weeks.
MR. WALTZ: Objection. Speculation.
THE COURT: Sustained. She doesn't know. I
mean, just to get her to guess.
MS. HAMMILL: I'm sorry. Do you know why he
didn't exercise those three weeks?
THE WITNESS: He never gave me a reason. He
just reverted back to the temporary order.
THE COURT: Every time we're talking about
the temporary order, I'm assuming we're talking about the
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order of March 16th as to what everybody is going back to?
THE WITNESS: Yes.
MS. HAMMILL: Sorry.
THE COURT: That's okay.
BY MS. HAMMILL:
Q So you had been advised prior to those weeks
in August that we were going back to the interim order of
March 16th. Is that correct?
A Yes.
Q At that point, when you went back to the
interim order, and you explained earlier that the interim
order was based on the work schedule and weekends,
approximately how many weekends then did he have under the
interim order for August?
A For August he utilized, I think, three
weekends.
Q And so he would have had one or one and a
half more under the interim order?
A Yes. Yes.
Q Did you insist that Mr. McReynolds not see
Khaliese at all in August because of his request to go back
to that order?
A No, I told him he could have her on the
weekends.
Q Did Mr. McReynolds see Khaliese in August?
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A Yes.
Q Going back to that interim order, did the two
of you ever work well under that interim order?
A No.
Q Do you think that interim order was in
Khaliese's best interest?
A No.
Q Why?
A It was erratic. There was no time for me to
plan for my children, the weekends that I had them. We
weren't able to do quality things together because
everything was based upon when he was going to have her.
Q Are weekends important to you and Khaliese?
A Definitely.
Q Why?
A That's our quality time. The work week is so
-- I'm saying work week, but my school week, it's a lot for
all of us. She has a 8:00 bedtime at my home. I have a lot
of school work. My son has a lot of school work. You know,
our quality time during the week isn't what it is on the
weekends when we can all actually do things as a family.
Q And you've also heard Mr. McReynolds say, and
you've seen it in his memo, that he would like reverse
custody schedule during the summer, which would mean he
would have Khaliese during the weeks and then you would have
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1 Khaliese on alternating weekends. Do you think that this
2 schedule would be in Khaliese's best interest?
3 A No.
4 Q What would your preferred custody arrangement
5 be?
6 THE COURT: Why do you say that?
7 THE WITNESS: Because she also has a brother
8 in the home that she's lived with, and that's our time that
9 we all bond as a family. Instead of just having rotating
10 weekends where I come home and put her to bed Friday night
11 and then can only really spend Saturday and a few short
12 hours on Sunday, we can't really plan any activities even if
13 it was just to go away.
14 THE COURT: Okay.
15 BY MS. HAMMILL:
16 Q Could you explain why the weeks during the
17 summer are important to you and Khaliese and Jelani?
18 A We would like to all do things together. We
19 go camping and do a lot of activities together. We go to
20 the parks, amusement parks.
21 Q Is there a reason that you can't do these
22 during the school year?
23 A Because we're all in school.
24 Q And is the summertime more free -- could you
25 describe your thoughts about the summertime?
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1 A Well, I have been in school for the three
2 years and have never had a summer off, and it's a lot easier
3 during the summer because they shorten our hours in the
4 summer with school, so there's a lot more time to spend with
5 the kids.
6 THE COURT: But you're graduating in March,
7 and you're going to be, I'm assuming, a full-time nurse at
8 that point, right?
9 THE WITNESS: I'm not sure what my status
10 will be as far as school, full-time, part-time.
11 BY MS. HAMMILL:
12 Q Are summer evenings different -- even though
13 you will be working, are summer evenings different to you
14 than school evenings?
15 A Yes, because I don't have to worry about
16 doing homework with the kids, and that's our quality time
17 again when we can do activities like the parks and things.
18 Q So what would your preferred custody
19 arrangement be?
20 A That we share the summer.
21 Q Okay. And how about the holiday schedule
22 generally?
23 A I would agree to the regular holiday schedule
24 and rotating holidays.
25 Q And what about the holidays that have lengthy
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1 breaks from school such as Christmas or Thanksgiving,
2 possibly spring break. What would you prefer to do?
3 A That we share them.
4 Q Why do you think that this custody
5 arrangement that you're suggesting would be in the best
6 interest of Khaliese?
7 A Because it gives us both time to spend with
8 her, and she still has time to form a bond with her brother
9 as well.
10 Q Do you think that it's important at her age
11 to have some stability and routine established?
12 A Yes, I do.
13 Q During the summer of 2006 you previously
14 agreed to a three week/one week rotation that you spoke to
15 earlier. Wh y are you not agreeing to that now?
16 A He didn't exercise those rights.
17 Q Did you have to sacrifice a lot of time with
18 your daughte r --
19 A Yes, I did.
20 Q -- to do that? And so now you're suggesting
21 50/50 during the summer?
22 A Yes.
23 Q In what way do you mean that you would split
24 the summer? Is it -- what weeks?
25 A Week on/week off.
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1 Q So Khaliese would never be away from either
2 of her parents for more than a week with that schedule. Is
3 that correct?
4 A Correct.
5 Q Approximately.
6 A Correct.
7 Q You've mentioned Jelani and Khaliese and
8 Jelani having time to spend together. Do they have a good
9 time together?
10 A Yes, they do.
11 Q Does Khaliese love her brother?
12 A Yes, she does.
13 Q And, lastly, you heard Dr. Lensbower speak
14 about directed co-parenting classes. Would you be willing
15 to agree to th ose classes if we can work them out for both
16 parties to be accommodated in the traveling and such?
17 A Yes.
18 MS. HAMMILL: Thank you. No further
19 questions at t his time.
20 THE COURT: Cross-examine.
21 CROSS-EXAMINATION
22 BY MR. WALTZ:
23 Q You just, I believe, testified that you
24 prefer your summer schedule because Khaliese would not be
25 away from a pa rent for more than a week. Is that correct?
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1 A Yes.
2 Q But isn't it true under both our proposed
3 school year schedules, Khaliese is away from her father more
4 than a week?
5 A Yes, when we refer to the summer.
6 Q So it's okay, I guess, for father to be
7 absent from his daughter for more than a week?
8 A No, I didn't say that.
9 Q I was just asking.
10 A No, I didn't say that. I wish he could be
11 here more. It's the distance with his military status. He
12 had to go. I understand that.
13 Q A good point. You said you wish he could be
14 here more. That brings another point that you testified to,
15 and I need you to define it. You used the term regular
16 holiday sche dule. What do you mean by that?
17 A The typical schedule that we had initially.
18 Q Does your typical schedule include,
19 especially s ince you'd like Malcolm to see his daughter more
20 frequently, does your typical holiday schedule include the
21 school holid ays like Martin Luther King and like Columbus
22 Day that the schools have off?
23 A I think that's just for one day. If it
24 falled on a weekend we had off on those.
25 Q But my question is, your schedule then
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1 doesn't include those holidays, does it?
2 A I don't have it in front of me.
3 THE COURT: Well, if the schedule did, would
4 you be agreeable to that? There's how many of those a year,
5 five?
6 THE WITNESS: I'm not sure. I think Columbus
7 Day they only have one day off.
8 THE COURT: When everybody refers to the
9 typical schedule, I'm assuming you're saying, you know, in
10 the even years mother gets them, odd years father gets them.
11 Certainly your perspective could be accommodated, that in
12 the even years, if the Columbus Day holiday is three days,
13 you get him one year and the father gets him the other. You
14 wouldn't mind that. It's three days. It's just a longer
15 weekend.
16 THE WITNESS: Right. If it was a longer
17 weekend, but I'm trying to say if it was just one day
18 through the week or something, I think it's pointless for us
19 both to travel that distance.
20 THE COURT: All right.
21 MR. WALTZ: Thank you.
22 THE COURT: I mean I believe everybody has
23 seen holiday schedules that accommodate that, the three day
24 national weekend.
25 BY MR. WALTZ:
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1 Q You indicated that you have activities during
2 the summer tha t you would like to enjoy with Khaliese.
3 A Yes.
4 Q But have you thought about activities that
5 Malcolm may ha ve during the school year that he would like
6 to enjoy with Khaliese but neither one of our proposals
7 actually provi de for that opportunity?
8 A I think it's important for her to be in
9 school and not be pulled out for activities that need to be
10 scheduled when ever there's a long weekend or on weekends.
11 Q Would you agree that non-mandatory school
12 could provide more flexibility than mandatory schooling?
13 A I think non-mandatory school provides a good
14 start for her education.
15 Q That wasn't my question.
16 A Then I'm not sure what you're looking for.
17 Q Let me repeat my question.
18 A Okay.
19 Q Doesn't non-mandatory school provide the
20 flexibility or more of an opportunity for father to see his
21 daughter during midweek?
22 A I don't know that it provides more
23 flexibility.
24 Q Following that with another question, those
25 activities tha t father would pursue with daughter in midweek
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1
2 A Um-hum.
3 Q -- couldn't they actually be more
4 educationally justified than the non-mandatory schooling?
5 A I don't know because I don't know what
6 activities you're referring to.
7 Q Well, let's put it this way. Since father
8 lives in Maryland, he's close to Washington, D.C., where he
9 could take a day trip to the Smithsonian Institute or
10 something like that with his daughter. Do you think that
11 would be more enlightening to her than an hour or two at
12 Head Start?
13 A No, Head Start takes them on these
14 educational trips to the zoo and things like that.
15 Q You also indicated that Khaliese has bonded
16 with her -- would that be stepbrother?
17 A That's her brother.
18 Q Okay. Shouldn't she also be afforded an
19 opportunity to bond with her cousins and relatives on
20 Malcolm's side?
21 A Yes.
22 Q I believe you testified contacting child
23 protective services in Maryland you were concerned about the
24 events that may or may not be occurring at Malcolm's
25 residence. Now, wasn't it the day or evening before that
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1 you said you thought you saw or heard slurred speech or
2 something lik e that?
3 A Yes.
4 Q Do you have a cell phone?
5 A Yes.
6 Q Did you have a cell phone with you that
7 particular da y when you evidenced those characteristics that
8 you testified to?
9 A Yes.
10 Q And did you use that cell phone to contact
11 either the po lice or child protective services at that
12 instant to avoid Malcolm driving with his daughter?
13 A Yes.
14 Q And who did you contact?
15 A The police department.
16 Q What police department?
17 A Prince George's County.
18 Q And what did they say?
19 A They had took the phone call. I don't know
20 what was done after the phone call. There was no follow-up
21 to me.
22 Q So you turned your daughter over to Malcolm
23 after seeing or hearing these characteristics?
24 A She was already there.
25 Q You didn't try to get her back?
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1 A I couldn't get ahold of him.
2 Q You didn't try to prevent their leaving the
3 site?
4 A That's why I called the police.
5 Q The child protective services, however, you
6 didn't contact them until the next day. Is that correct?
7 A Correct.
8 Q Is there any reason why you didn't contact
9 them that evening?
10 A There was nobody at the number that I have.
11 Q There was no recording there similar to
12 Cumberland County for an emergency contact?
13 A Not at the number I had got, no.
14 Q Doesn't Children and Youth have an emergency
15 service where it's manned twenty-four seven?
16 A I don't know about Maryland.
17 Q Have you ever permitted a third party who was
18 present in yo ur residence where you currently reside to use
19 any form of i llegal drugs?
20 A No.
21 Q Prior to March 106, after we had the
22 conciliation conference, prior to that, isn't it true that
23 Malcolm drove or provided transportation to see Khaliese 90
24 to 95 percent of the time?
25 A When Malcolm came down here to see her at my
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1 home?
2 Q When Malcolm wanted to see Khaliese.
3 A Yes.
4 Q Did you ever confide in your friend, Laurie,
5 about someone using marijuana in your residence?
6 A No.
7 Q You indicated on July 21st that you had plans
8 on Sunday and that's why you required Malcolm to return
9 Khaliese early Sunday morning thereby preventing him from
10 taking her out of state. My question is, Did you advise
11 Malcolm of wha t those plans were?
12 A Yes.
13 Q And what were those plans?
14 A We had already had our day planned out along
15 with a birthda y party.
16 Q There was to be a birthday party that day?
17 A Yes.
18 Q In the evening?
19 A No.
20 Q When?
21 A It was at 10:00.
22 Q In the morning?
23 A Yes.
24 Q Whose birthday was it?
25 A A friend of mine from school.
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1 Q It wasn't Khaliese's?
2 A No.
3 Q So it was an adult birthday party, not a
4 child's birthday party?
5 A No, it was her child.
6 Q Her child. I see. Regarding the interim
7 order, is it your understanding that the order is
8 essentially a twelve-week rotation whereby the child is with
9 Malcolm four weekends, with you four weekends, and then the
10 remaining four weekends the two of you are to work out, when
11 available, to be with either one of you. Is that your
12 understanding of the interim order?
13 A Yes, even the ones when he doesn't work he
14 gets her except for my four full weekends.
15 Q When you mentioned that Malcolm didn't see
16 Khaliese in August, that is, he didn't see her pursuant to
17 an agreement the attorneys worked out. Isn't that correct?
18 A Yes.
19 Q And by that time, actually for almost two
20 months, we had been -- we reverted back to the interim
21 order. Isn't that correct?
22 A For August, yes.
23 Q And for July?
24 A No, he said he couldn't get her in July.
25 Q Oh, okay. Now that you know why he didn't
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1 get her in July, does that provide you a little more
2 understanding as to the absence or what have you?
3 A The absence of?
4 Q Absenteeism of his --
5 A For July?
6 Q Exactly.
7 A He told me he couldn't have her, so that was
8 fine.
9 Q But now that you know why he couldn't have
10 her, does that create any additional understanding on your
11 part?
12 A Yes.
13 Q Would you -- had you known that, would you
14 have changed your reaction towards Malcolm at that time? Do
15 you think you might have changed your reaction?
16 A You're asking how would I have reacted?
17 MS. HAMMILL: Your Honor, objection.
18 MR. WALTZ: I'm just asking a question.
19 Either you know how to answer it or don't know how to answer
20 it.
21 THE COURT: I'm going to sustain the
22 objection. This whole thing, if everybody is thinking
23 clearly about this, is the point when the adults weren't
24 communicating and consequently everyone will always take the
25 most adverse feeling with regard to the other party when
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1 you're not explaining what you're doing.
2 He didn't want to tell her because he didn't think
3 it was any of her business. She didn't know, so she figured
4 he didn't want to see the child. The objection is
5 sustained. We can move on to something else. I think I get
6 the full flavor of what happened in the summer.
7 MR. WALTZ: I have no more questions.
8 THE COURT: Okay. Redirect.
9 MS. HAMMILL: Yes, briefly, Your Honor.
10 REDIRECT EXAMINATION
11 BY MS. HAMMILL:
12 Q The incident that Mr. McReynolds explained
13 and Mr. Waltz just asked you about when you called child
14 protective services in the morning, when as we know it
15 Khaliese and the other child in the household were screaming
16 -- I'm sorry. I'm going to rephrase that.
17 The evening where you said that Mr. McReynolds
18 didn't take your call, afterwards, after the conversation
19 you had with him, if he had taken your call and you had
20 known about the other child in the home, the next day would
21 you have felt the need to still call child protective
22 services?
23 A No.
24 Q Could you please clarify what it was that he
25 told you that morning when you heard the screaming? What
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1 did he tell you as an explanation?
2 A He didn't answer. It was none of my
3 business, and he said that he was in bed.
4 Q So you did not know that the children were
5 playing and screaming at that time?
6 A No.
7 Q For all you knew it could have been anything?
8 A Yes.
9 MS. HAMMILL: No further questions, Your
10 Honor.
11 THE COURT: Mr. Waltz, anything further?
12 MR. WALTZ: Just one.
13 RECROSS-EXAMINATION
14 BY MR. WALTZ:
15 Q The fact that you've been meeting mid-point
16 with the exchanges, do you feel now that that is a fair
17 resolution of the transportation problem?
18 A I feel that we've sacrificed to work it out
19 so he could see her.
20 MR. WALTZ: No other questions.
21 THE COURT: Ma'am, you may step down. Thank
22 you. Ms. Hammill.
23 MS. HAMMILL: Your Honor, at this time I
24 would like to call Laurie Mumma to the stand.
25 THE COURT: Come forward, ma'am.
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1 Whereupon,
2 LAURIE MUMMA
3 having been duly sworn, testified as follows:
4 DIRECT EXAMINATION
5 BY MS. HAMMILL:
6 Q Please state your name and address.
7 A My name is Laurie Mumma. I live at 652
8 Oakville Road, Shippensburg, Pennsylvania, 17257.
9 Q And where do you work?
10 A Head Start, Capital Area Head Start.
11 Q How long have you worked there?
12 A Sixteen years.
13 Q And how do you know Andrea Nelson?
14 A Jelani entered the program when he was three,
15 and he was there for two years. Head Start is always
16 routinely recruiting students, and I knew she had another
17 child, and we just continued that relationship.
18 Q So how long have you known Ms. Nelson then?
19 A Since Jelani was three.
20 Q So you know Jelani --
21 A And Khaliese.
22 Q And you also know Khaliese. Have you
23 observed them together?
24 A Yes.
25 Q And do you just have any comments about how
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1 they are together?
2 A They have definitely bonded as peers or
3 siblings. They love each other. They play together.
4 Jelani is very protective of Khaliese. It's pretty normal.
5 Q So you babysit for Andrea?
6 A I have in the past, yes.
7 Q And --
8 THE COURT: Where is this Head Start?
9 Where's the physical plan?
10 THE WITNESS: The Carlisle location is at the
11 Lutheran Church at the corner of High and Bedford.
12 BY MS. HAMMILL:
13 Q Just a quick question about Head Start, not
14 specific to Khaliese but more of your experience at Head
15 Start. How do you feel and how does Head Start generally
16 feel about repeated absences during the school week and its
17 effect on the child's attendance and their abilities to use
18 the Head Start program wisely?
19 A Head Start is a four day a week program. We
20 have classes Mondays, Tuesdays, Thursdays, and Fridays.
21 Wednesdays are typically our day to work with the parents
22 and the children on their focus goals as well as family goal
23 plans for those families.
24 Children need to attend school four days a week.
25 That's our policy. If they are absent, the parents -- we
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1 have to track them and anything pretty much other than being
2 sick is unexcused.
3 THE COURT: How long is the program per day,
4 ma'am.
5 THE WITNESS: The children ride the bus
6 between 11 and 12 and then they go home between 3:30 and
7 4:30, so it's about five hours.
8 THE COURT: Thank you.
9 BY MS. HAMMILL:
10 Q Okay. I'd like to switch to another subject
11 now that happened over this summer. In mid-June did Mr.
12 McReynolds call you about Khaliese?
13 A Yes.
14 Q Why did he call you?
15 A He called because he needed someone to care
16 for her because he had to go out of town.
17 Q Do you remember the approximate dates that he
18 was going to go out of town?
19 A I just remember it was for like a week. I'm
20 not sure because I work from September to June, and after
21 June I don't really care when it is, so I don't know the
22 actual dates. I'm glad to be on vacation.
23 Q Do you remember if there was a special date
24 in the middle of that?
25 A It was her birthday week, yes. It was the
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1 Saturday of that week, the week before her birthday.
2 Q All right. Do you -- do you know whether Mr.
3 McReynolds called Andrea before calling you about
4 babysitting for that week?
5 A I know that he didn't call her.
6 Q How do you know that?
7 A Well, when I called Andrea and told her that
8 Malcolm called, she said she didn't know anything about it.
9 Q So you did call Andrea and tell her about it?
10 A I did call her then, yes.
11 Q So as far as you know and knew at that time
12 Mr. McReynolds did not offer Andrea the opportunity to care
13 for her child during the child's birthday?
14 A That's correct. He said something he knew
15 her birthday was coming up and they were going to make that
16 exchange, but I didn't really get into the schematics of how
17 that was supposed to work.
18 MS. HAMMILL: Thank you. No further
19 questions at this time.
20 THE COURT: I am correct that -- you
21 mentioned that you're on vacation during the summer. Head
22 Start does not hold any classes --
23 THE WITNESS: No, it's a nine-month program.
24 THE COURT: And that's September to June?
25 THE WITNESS: Correct, yes, like the regular
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1 school year. We start a little bit later until the big
2 buses get to know where they're going before we put our
3 little buses on the road.
4 THE COURT: Cross-examine, sir.
5 CROSS-EXAMINATION
6 BY MR. WALTZ:
7 Q Did Andrea ever confide in you in either
8 January or February --
9 MR. HAMMILL: Objection, Your Honor. This is
10 beyond the scope of direct.
11 MR. WALTZ: I didn't ask it yet.
12 MS. HAMMILL: I'm sorry. I'll wait.
13 THE COURT: Go ahead. Ask the question.
14 BY MR. WALTZ:
15 Q Did Andrea ever confide in you regarding
16 individuals in her residence that had used or consumed
17 marijuana or some form of drug?
18 MS. HAMMILL: Objection, Your Honor, beyond
19 the scope of direct.
20 THE COURT: It's cross-examination. It goes
21 to the credibility of your witness because if your witness
22 said no, I never said anything like that, so I'm going to
23 listen to the answer.
24 THE WITNESS: As a matter of fact, that was
25 during that whole separation thing. Malcolm had came to my
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1 house and given me that information, but I don't know
2 anything. I didn't know anything about it. I hadn't heard
3 it from her. I heard it from him, but I don't know if it
4 was real or true or -- it was just --
5 THE COURT: But the question was did she
6 confide in you.
7 THE WITNESS: No, she did not.
8 THE COURT: Your answer is no she didn't.
9 MR. WALTZ: No other questions.
10 THE COURT: You may step down.
11 THE WITNESS: Thank you.
12 MS. HAMMILL: Your Honor, we'd like to move
13 for the admission of our exhibits.
14 THE COURT: And that's Defendant's Exhibits 1
15 and 2?
16 MS. HAMMILL: Yes.
17 THE COURT: And that includes your
18 certification?
19 MS. HAMMILL: Yes. We rest.
20 THE COURT: Any objection to the exhibits?
21 MR. WALTZ: No.
22 THE COURT: Defendant's Exhibits 1 and 2 are
23 admitted to the record.
24 (Whereupon, Defendant's Exhibit Nos. 1 and 2
25 were admitted into evidence.)
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1 THE COURT: Defendant has rested. Do you
2 have any rebuttal?
3 MR. WALTZ: Yes, I do, Your Honor. Malcolm.
4 Whereupon,
5 MALCOLM MCREYNOLDS
6 having been recalled as a witness on rebuttal,
7 having be en previously sworn, testified as follows:
8 DIRECT EXAMINATION
9 BY MR. WALTZ:
10 Q Malcolm, you're still under oath. You heard
11 the testimony of various witnesses?
12 A Um-hum.
13 Q And in particular there was a statement made
14 by Andrea rela tive to an exchange that never happened; that
15 is, she recoll ects or testified that she appeared and you
16 never showed.
17 A Correct.
18 Q Do you remember hearing that today?
19 A Yes.
20 Q What is your understanding of that situation?
21 A My understanding -- well, Sunday she called
22 me and asked me what time were we leaving. Since she made
23 me drive all t he way that Friday, I told her that I was not
24 going to be at the meeting place, that we had plans. She
25 was more than welcome to come and get her.
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She said I'm going to the meeting place, and I
expect you to be there. I told her I was not going to be
there. I had to drive all the way up there to pick up
Khaliese. This is the week after my family reunion.
She knew I wanted to get her that following week.
She never told me that her son had an appointment Friday,
and besides that's my meeting time. She should have made
that appointment some other day or some other time.
So I told her that I wasn't going to be there.
She knew it, and I don't even think she went up there. When
I went up there, I got receipts. I have proof that I went
up there. If they got them, they haven't admitted those.
She knew I wasn't going to be there. I told her
if she wants to get Khaliese, she has to come out to our
house the same way I had to come to her house.
Q Let me ask you this question. There was
testimony that at one exchange time you appeared with
slurred speech and other characteristics or what have you.
At any of these exchange times with your child were you
under the influence of alcohol or had you been drinking or
anything like that?
A Never. She never mentioned any of that to
me. If she saw me at an exchange point and I had slurred
speech, she would have definitely said something to me about
it.
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Q When Khaliese is in your custody or when you
are picking her up or when you're dropping her off, my
question is just an extension. Do you drink alcohol during
those times?
A No. I don't. I don't drink alcohol when I
have my daughter.
MR.
THE
MS.
sorry. If I may b,
THE
BY MS. HAMMILL:
WALTZ: No other questions, Your Honor.
COURT: Cross-examine on rebuttal.
HAMMILL: Just one moment, please. I'm
=g the Court's indulgence for one moment.
COURT: Sure.
CROSS-EXAMINATION
Q Just to clarify, you just spoke about not
drinking during exchange periods of time. When Ms. Nelson
referred to the time that you were at the mall, the time
that you were at the mall was not an exchange time. Is that
correct? You already had Khaliese?
A I don't drink when I have my daughter.
Q You just spoke with Mr. Waltz about the
exchange of the weekend of July 28th, the Sunday when you
weren't at the halfway point.
A Um-hum.
Q And you stated that it was your understanding
that you and Ms. Reynolds had agreed for her to come all the
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way and that you would not meet her halfway, but isn't it
true that Officer Miller on Friday the 28th stood between
you and Andrea and confirmed that you would be at the
halfway point on Sunday?
A He had asked or she had asked him -- he
didn't have anything to do with it. He was just walking by.
She said, So, Malcolm, we're meeting halfway on Sunday with
the officer standing right there. I said that's what's in
the order.
Q And you also stated that you had no reason to
know that Jelani had a therapy appointment that Friday and
that that was -- and you had no reason to know her reasoning
for not meeting halfway on Friday. You just stated that,
correct?
A Yes.
MR. WALTZ: I don't think that's the exact
phrasing that he used when he responded or when he made that
statement.
MS. HAMMILL: I'm sorry.
MR. WALTZ: The words he had no reason to
know. That's what I'm objecting to.
THE COURT: Why don't you just rephrase it.
BY MS. HAMMILL:
Q Did you just state that Andrea didn't tell
you?
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A She didn't. Yeah, she did not tell me
anything about an appointment.
MS. HAMMILL: Your Honor, at this time I'd
like to admit a letter that our office sent on behalf of
Andrea Nelson to Mr. Waltz on July 28th about this subject
matter which in writing explained the situation of the
weekend including the Friday exchange and the Sunday
exchange.
THE COURT: And the date of the exchange that
we're talking about, when did that occur?
MS. HAMMILL: The exchange on Friday from
Andrea's house to Malcolm's house was on July 28th. That
was Friday. And then on the 30th, the Sunday --
THE COURT: That's when she didn't go there
because of the appointment.
MS. HAMMILL: Correct. And then on Sunday,
the exchange they were just speaking about, the halfway
meeting, was also laid out in this letter.
THE COURT: And the purpose of this is to --
MS. HAMMILL: Clarify that he did have reason
to know both exchanges were set up.
THE WITNESS: She didn't tell me.
MS. HAMMILL: I'm sorry. And that Mr.
McReynolds said that he saw this letter on Friday.
THE COURT: Well, you can have it marked as
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an exhibit. I'm not going to admit that to the record, but
you can question him about it.
MR. WALTZ: Can I see it because I don't know
what they're talking about. May we please admit this as
Defendant's Exhibit No. 3, I believe. Are we on three?
THE COURT: We'll have it marked as
Defendant's Exhibit No. 3. We'll talk about admission at a
later time.
(Whereupon, Defendant's Exhibit No. 3 was
marked for identification.)
THE COURT: Okay. Are you going to let him
review the letter?
BY MS. HAMMILL:
Q Mr. McReynolds, did you just say that you saw
this letter on that Friday?
A What I'm saying is I didn't know that she had
made an appointment. She's saying that when I requested
Khaliese the following week after my family reunion, which
was like I think on Tuesday, she said the first thing she
told me was that she can't because her son has an
appointment.
And I did not -- she didn't say any of that. She
never -- the first time I knew about that was midday Friday
before I was supposed to go pick her up, and it was my
weekend.
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1 And, furthermore, I think maybe she just had to
2 pick somebody up from the airport or bus station and just
3 said -- she never told me that. She never told me that. If
4 I would have gotten that Tuesday, you know, it would have
5 been different.
6 Q So you're saying that you've seen this
7 letter?
8 A I think I got that Monday, the weekend -- I
9 got that after Friday. I don't know when you sent it out.
10 THE COURT: Just so I understand, let's just
11 go with Defendant's Exhibit No. 3, which is marked for
12 identification at this time, was written on what date?
13 MS. HAMMILL: July 28th. It was faxed, Your
14 Honor.
15 THE COURT: All right. Now, I'm looking at
16 -- July 28th is a Friday.
17 MS. HAMMILL: Yes, Your Honor. If you'd like
18 to know the context of why this was faxed on that day --
19 THE COURT: Just in terms of an offer of why
20 we're using this letter.
21 MS. HAMMILL: On -- it was earlier that week,
22 Wednesday I believe, that Andrea and Mr. McReynolds
23 discussed the weekend visit. Andrea called our office, and
24 we discussed what to do about the confusion about how Andrea
25 had an appointment for Jelani that afternoon.
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And so we determined that because Andrea and Mr.
McReynolds were having a hard time discussing this
themselves that the lawyers would then exchange paperwork to
facilitate the exchange.
And, therefore, it wasn't until Friday that we
began -- that Mr. Waltz and I began communications about the
exchange because the communications between the two parties
had dissolved.
THE COURT: This is the day he came to
Carlisle to pick her up?
MS. HAMMILL: Correct.
THE COURT: My point is, is that we're now
cross-examining him. His testimony is she didn't tell me
the reason beforehand. You're saying that on the 28th, the
very day of the exchange, you fax this letter down to him.
That still doesn't confirm that she had ever said anything
to him. You're writing that based on what she told you.
That doesn't get to the point of actually discrediting his
testimony.
In fact, what you've just said is, as the
continuing theme throughout this is, these adults don't like
to talk to each other and the less they have to say to each
other, the better, for their purposes and then that leads to
these misunderstandings about who's coming to do this.
If I had to speculate, and I don't have to on
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this, he's angry about the Friday exchange, that he has to
come up here. I can almost say, and, you know, taking
nothing away from the Plaintiff in this case, but, well,
just wait until Sunday when the exchange has to come and
we're going to even the score. I've seen that in these
context all the time.
The point is, for the purposes of discrediting his
testimony, that letter doesn't add anything to it. You can
ask him. He said she still didn't say it. Now we're at the
point where I gave you a letter on Friday, the very day you
drove to Carlisle, right, is about all that says.
MS. HAMMILL: Correct. Your Honor, I was
simply offering it as -- because there's a lot of he said,
she said in this case, I was offering it as just another
level of proof to the matter of what happened that weekend.
THE COURT: I understand.
MS. HAMMILL: Okay.
BY MS. HAMMILL:
Q Mr. McReynolds, one last question. I just
want to clarify that on Sunday -- I'm sorry, on Friday, July
28th, before you left the police station that in front of
Officer Miller Ms. Nelson did say to you that she would be
there at the halfway point on Sunday?
A Yeah, she told me that.
MS. HAMMILL: Okay. Thank you. No further
132
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1 questions, Your Honor.
2 MR. WALTZ: Your Honor, I really don't want
3 to belabor the point, but we're making a record, and if you
4 need for me to submit this, I will. I have a response
5 letter to their letter.
6 My letter was drafted July 28th, and I faxed my
7 letter and their letter with my fax sheet and the time it
8 was faxed on July 31st after these events occurred. My
9 client did not have access to this letter until July 31st.
10 Now, if you'd like me to put this in --
11 THE COURT: I'm not going to admit
12 Defendant's Exhibit 3. I think it's just too collateral for
13 all of this. The testimony is it was a bad exchange, but
14 it's one exchange in a long history here, so I don't find it
15 tremendously of great import with the weight of what's in
16 the best interests of this child.
17 I think everybody, you know, if we're all honest
18 with ourselves, these parties aren't getting along that well
19 right now, but we're going to get past that point and decide
20 what's best for this little girl.
21 So that's been marked for identification. I'm not
22 admitting it to the record, and consequently I don't need
23 your letter in response.
24 MR. WALTZ: Okay. I have no other questions.
25 MS. HAMMILL: Your Honor, I have no further
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questions although we do have a brief closing if you would.
THE COURT: Okay, sir, you may step down.
Thank you. And I believe you are first. He has the burden
here.
(Whereupon, Ms. Hammill closed on behalf of
the Defendant.)
THE COURT: Mr. Waltz.
(Whereupon, Mr. Waltz closed on behalf of the
Plaintiff.)
THE COURT: Before I -- obviously I'm going
to have you do proposed findings of fact, briefs, and submit
proposed orders on this, but again most of what we're
debating here today is really going to deal with what
happens next summer. So, that being the case, right now who
had the last weekend? Plaintiff, you did?
MR. MCREYNOLDS: Yes, sir.
THE COURT: And you're fully expecting then
that next or tomorrow the child is with the mother?
MR. MCREYNOLDS: Yes, sir.
THE COURT: Now, I'm going to do an interim
order that's just going to set that up for right now, and I
believe right now with the condition of the adult parties in
this case, it's -- they need real strict direction and
nobody gets to deviate and nobody gets to well, I'm going to
interpret it this way or my schedule doesn't suit that way.
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What I'm going to say right now is just going to
take care of the weekends until the next order of court and
including -- you know, I'm not going to deal with the
holidays right now because we will have resolved the entire
matter before any serious big holidays come up short of
Columbus Day maybe. That could be a little bit close, but
there's time. So just to start with --
AND NOW, this 7th day of September, 2006, after
hearing, the following interim order in regard to custody of
the minor child, Khaliese Imani McReynolds, born June 28th,
2003, is entered:
1. The father, Malcolm T. McReynolds, and the
mother, Andrea Nelson, shall enjoy shared legal custody of
Khaliese Imani McReynolds.
2. Primary physical custody of the child shall be
with the mother.
3. The father shall enjoy periods of partial
custody on alternating weekends beginning Friday, September
14, 2006, at 6:00 p.m. until Sunday at 6:00 p.m. The
parties shall share transportation for exchange of custody
with the parties to meet at the midpoint between the
father's home outside of Washington, D.C., and the mother's
home in Carlisle, that point being in Frederick, Maryland.
That's the interim order. Everybody understand
that? You're getting every other weekend, and that's not
135
1 per, you know, your work schedule or anything else. You've
2 got to change your work schedule so that you're available
3 for those days. Is that understood?
4 MR. MCREYNOLDS: Yes, sir.
5 THE COURT: All right. Now, with regard to
6 the, you know, final resolution of this matter, I want to
7 enter this order:
8 AND NOW, this 7th day of September, 2006 -- 8th
9 day -- I've been turning this calendar back and forth here
10 with all these different dates -- after hearing in the above
11 captioned case, it is hereby ordered and directed that the
12 parties shall submit proposed findings of fact and
13 conclusions of law supported by legal memorandum to this
14 Court on or before the close of business on September 27,
15 2006. The parties shall submit a proposed order for
16 consideration by the Court to cover custody of the child
17 during the holiday periods and the summer months during
18 which school is not in session.
19 MR. WALTZ: Your Honor, I really hate to do
20 this, but I have a week's vacation in that period of time
21 which cuts me a little short. Could I have a week beyond
22 September 26th?
23 THE COURT: Do you have any objection? I
24 mean again, this isn't that critical at this particular
25 point. I don't know how your school schedule is either.
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1 MS. HAMMILL: That's fine, Your Honor.
2 THE COURT: Are you indicating October the
3 4th?
4 MR. WALTZ: That would be great.
5 MS. HAMMILL: Your Honor, would we be
6 provided the opportunity to have a transcript to prepare for
7 this?
8 THE COURT: Suppose I moved it back and
9 talked about October the 25th, and then I will order that it
10 be transcribed. I wouldn't get to it before the end of
11 September because we're facing three weeks of jury trials
12 now.
13 Again if we just take care of the weekends and
14 we're looking toward the future with regard to the holidays,
15 and we're talking the big holidays coming up, Thanksgiving,
16 Christmas, and then for next year and the summer, that might
17 be the wisest position. Okay. So I'm going to change the
18 date that they're due. I will order that the transcript be
19 prepared and that it be provided to the parties as soon as
20 possible.
21 MR. WALTZ: And that was October 25th?
22 THE COURT: Yes.
23 MR. WALTZ: Thank you.
24 THE COURT: Okay.
25 MS. HAMMILL: Your Honor, I'm sorry. I
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believe that the calendar maybe confused you a little bit.
You said the 14th, Friday, September 14th, would begin the
alternating weekend, and I believe it's the 15th.
THE COURT: I was looking at the wrong date.
It is the 15th. I was looking at July. I still was
concentrating on that one weekend. All right. Will you
change that, Laura. His weekend begins on the 15th given
the fact that she has the child now. Okay. All right.
Thank you very much. It was well presented. I appreciate
that. We're going to stand in recess.
MR. WALTZ: Thank you, Your Honor.
MS. HAMMILL: Thank you, Your Honor.
(Whereupon, the proceeding was concluded.)
138
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
the same.
iAurA . n
Laura F. Handley
Official Court Reporter
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and
directed to be filed.
0CA o?p?r 3 ? Ica ?Wl WV
Date M. L. Ebert, Jr., J.
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MALCOM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-0708 CIVIL
ANDREA NELSON,
Defendant CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this Stn day of November, 2006, after hearing, and upon
consideration of the Proposed Findings of Fact and Conclusions of Law submitted by
each party,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Legal Custody: The parties, Malcolm T. McReynolds and Andrea N. Nelson,
shall have shared legal custody of the minor child, Khaliese I. McReynolds, born
June 28, 2003. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the child's general
well-being including, but not limited to, all decisions regarding her health, education and
religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all
records and information pertaining to the child including, but not limited to, medical,
dental, religious or school records (to include report cards), and the residence address
of the child and of the other parent. Each parent shall keep the other informed of any
changes to the child's medication schedule and of all doctor appointments. To the
extent one parent has possession of any such records or information, that parent shall
be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent. All decisions affecting the child's growth and development including, but not
limited to choice of child care provider; medical and dental treatment; psychotherapy, or
like treatment; decisions relating to actual or potential litigation involving the child directly
or as a beneficiary, other than custody litigation; education, both secular and religious;
scholastic athletic pursuits and other extracurricular activities; shall be considered major
decisions and shall be made with the parents jointly, after discussion and consultation
with each other and with a view toward obtaining and following a harmonious policy in
the child's best interest.
2. Physical Custody.
A. School Year: The Mother shall have primary physical custody of the
child during the school year subject to the Father's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Prior to the child beginning his formal public school education, Father
shall be entitled to one uninterrupted week during the school year between
February 1 through April 30 provided it coincides with his custodial weekend period. The
Father shall give 30 days advance notice of exercising this provision along with travel
itinerary, cell phone numbers for emergency communication, and the names of any
travel companions of the Father who will be accompanying the child.
(iii) At such other times as the parties agree.
B. Summer: Father shall have primary physical custody of the child
during the summer school recess from the first Monday after school lets out until 4 days
before school begins, subject to the Mother's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Mother shall be entitled to one uninterrupted week in the summer for
vacation provided it coincides with her custodial weekend period and that she give the
Father 30 days prior advance notice of exercising this provision along with travel
itinerary, cell phone numbers for emergency communication, and the names of any
travel companions of the Mother who will be accompanying the child.
(iii) At such other times as the parties agree.
C. Holidays:
(i) Thanksgiving - The Thanksgiving Holiday will run from Wednesday at
7:00 p.m. until Sunday at 7:00 p.m. Mother shall have custody of the child for
Thanksgiving in even numbered years. The Father shall have custody of the child for
Thanksgiving in odd numbered years.
(ii) Christmas/New Years - The Christmas/New Years holiday shall be
divided into Segment A which shall run from December 23 at 6:00 p.m. through
Christmas Day at 3:00 p.m., Segment B which shall run from Christmas Day at 3:00 p.m.
through December 30 at 7:00 p.m. and Segment C which shall run from December 30 at
7:00 p.m. until January 1 at 7:00 p.m. In even numbered years, Father shall have
custody of the child for Segments A and C, and Mother shall have custody during
Segment B. In odd numbered years, Mother shall have custody of the child for
Segments A and C, and Father shall have custody during Segment B.
(iii) Easter - The Father shall have custody of the child from 7:00 p.m.
the day before the first day of the public school holiday recess until 6:00 p.m. on the last
day of the public school holiday recess during odd numbered years. The Mother shall
have custody in the even numbered years.
(iv) Other Holidays: The following schedule shall supersede the regular weekend
schedule:
HOLIDAYS AND TIMES ODD EVEN
SPECIAL DAYS YEARS YEARS
Martin Luther King From 9:00 a.m. first day of 3 day Father Mother
Day weekend until 6:00 p.m. on last day of
Holiday Weekend
Presidents' Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Memorial Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Independence Day From 7:00 p.m. the evening before the Father Mother
holiday to 7:00 p.m. the day of holiday
Labor Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Columbus Day From 9:00 a.m. first day of 3 day Father Mother
weekend until 6:00 p.m. on last day of
Holiday Weekend
Veterans' Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Mother's Day From 6:00 p.m. the evening before the Mother Mother
holiday to 6:00 p.m. the day of the
holiday
Father's Day From 6:00 p.m. the evening before the Father Father
holiday to 6:00 p.m. the day of the
holiday
3. Transportation: Exchanges of custody shall occur at a location midway
between the parties' residence unless otherwise agreed upon by the parties.
4. Nonalienation: Neither parent shall do or say anything, which may estrange
the child from the other parent, injure the opinion of the child as to the other parent or
hamper the free and natural development of the child's love and respect for the other
parent.
5. Telephonic Contact: Both parents shall have liberal and reasonable
telephone contact with the child while the child is in the custody of the other parent. In
the event that either party has a change in their telephone number or terminate
telephone service, they will inform the other party within 24 hours of the change.
6. Alcohol, Tobacco, or Controlled Substance Usage: Neither party shall
consume alcohol, smoke, or use illegal controlled substances or be under the influence
of either when the child is in their custody nor will the parent allow third parties to smoke,
use illegal controlled substances or consume alcohol in the presence of the child when
the child is in the custody of the parent.
By the Court,
Galen R. Waltz, Esquire
Attorney for Plaintiff
Jill Hammill
Anne MacDonald-Fox, Esquire
Attorney for Defendant
?m,kA,
M. L. Ebert, Jr., J.
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MALCOLM T. MCREYNOLDS, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. CIVIL ACTION -LAW
IN CUSTODY
ANDREA NELSON,
Defendant/Petitioner No. 06-0708 CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Andrea Nelson, Petitioner, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Date 11/2-7/6'7
Respectfully submitted,
Charla Lenz
Certified Legal Intern
ROB "E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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MALCOLM T. MCREYNOLDS, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. CIVIL ACTION -LAW
IN CUSTODY
ANDREA NELSON,
Defendant/Petitioner No. 06-0708 CIVIL TERM
PETITION FOR SPECIAL RELIEF AND CIVIL CONTEMPT FOR
DISOBEDIENCE OF A CUSTODY ORDER
AND NOW, this 27th day of November, 2007, the petitioner, Andrea Nelson
("Mother"), hereby brings this Petition for Special Relief and Civil Contempt for
Disobedience of a Custody Order and respectfully requests that this Court find the
respondent, Malcolm T. McReynolds ("Father") in contempt of the Court Order dated
November 27, 2007, and direct the immediate return to Mother of Khaliese I.
McReynolds ("the child"), born June 28, 2003. In support of her petition, Mother avers
the following:
1. On November 8, 2006, the Honorable M. L. Ebert, Jr. entered an Order shared
legal custody to Mother and Malcolm T. McReynolds ("Father"). Mother has
primary physical custody during the child's school year and Father has primary
physical custody of the child during the summer. Each party enjoys temporary
physical custody of the child every other weekend when the child is in the other
party's primary physical custody. (Copy of Order attached as "Exhibit A.")
2. The November 8, 2006 Order directed that exchanges of custody shall occur at a
location midway between the parties' residence unless otherwise agreed upon by
the parties.
3. Since the Order was established in November 2006, the parties have been
exchanging custody of the child at the Gas Mart at 7729 Sundays Lane, Frederick,
Maryland 21702 ("the usual location")
4. On or about November 1, 2007, Malcolm T. McReynolds moved to 9 Pagnell
Circle, Waldorf, Charles County, Maryland 20602.
5. Father's new address is approximately twenty miles farther from Mother's
Carlisle residence than his previous address had been.
6. On Wednesday, November 21, 2007, parties met at the usual location so that
Father could enjoy the Thanksgiving holiday with the child, pursuant to the
holiday visitation schedule.
7. Later in the evening of November 21, 2007, Mother called Father to discuss new
medication Father needed to administer to the child. During that conversation,
Father unilaterally decided that Mother should meet him at a new location to
return custody of the child to Mother, but did not provide the address or directions
to his new location.
8. On Sunday, November 25, 2007, Father attempted to explain where he decided
the parties should meet ("new location"), but Mother was busy at work when
Father offered his explanation and Mother could not understand where he
intended for her to go. Mother asked Father to meet her at the old location and
told Father that she would meet him at the new location for custody exchange
after November 25, 2007. Mother later learned that the new location is 5601
Buckeystown Pike, Frederick, Maryland 21704. According to Father, the new
location is now the midway point between Mother's and Father's residences.
9. On November 25, 2007, Mother drove to the usual custody exchange location and
waited for Father to arrive there, but he did not appear. Father did not return the
child to Mother on Sunday as directed in the November 8, 2006 Order.
10. Father now refuses to return the child to Mother unless Mother drives to the
police barracks in Waldorf, Maryland, where he resides. Furthermore, Father
refuses to provide a date and time when the child will be available to Mother.
11. Mother and her attorneys have attempted to negotiate several exchange
arrangements. Father refuses to agree to any of the proposed arrangements,
including meeting Father at his chosen new location.
12. The child is enrolled in Head Start in Carlisle and will miss school if she is not
returned promptly to Mother.
13. Father is not represented by legal counsel, so no concurrence was sought.
14. Mother believes and therefore avers that it is in the best interests of the minor
child that Father return the child to Mother immediately.
WHEREFORE, Mother respectfully requests that:
a. Father be directed to return the child to Mother at 5601 Buckeystown
Pike, Frederick, Maryland 21704 by no later than 7 p.m. on the date of this
Order;
b. Father be found in contempt of the Court's November 8, 2006 Custody
Order;
c. Pursuant to 23 Pa.C.S. 4346, Father be fined in the amount of $500.00;
d. Father be ordered to reimburse Mother for the costs she incurred as a
result of Father's noncompliance with the Order;
e. Such other relief as the Court deems appropriate.
_ 2 7,2W_7
Date
Respectfully submitted,
Holly O. Vaughn
Certified Legal Intern
ale. -
LUCY STON-WA
ROBER E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013-2899
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in the foregoing Petition for Special Relief and
Civil Contempt for Disobedience of a Custody Order are true and correct, to the best of
my knowledge, information and belief. I understand making any false statement would
subject me to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to
authorities.
Date: _ V-710-1 Nuzn'
A drea Nelson, Petitioner
MALCOM T. MCREYNOLDS
Plaintiff
V.
ANDREA NELSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-0708 CIVIL
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this a day of November, 2006, after hearing, and upon
consideration of the Proposed Findings of Fact and Conclusions of Law submitted by
each party, ,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Legal Custody: The parties, Malcolm T. McReynolds and Andrea N. Nelson,
shall have shared legal custody of the minor child, Khaliese 1. McReynolds, born
June 28, 2003. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the child's general
well-being including, but not limited to, all decisions regarding her health, education, and
religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all
records and information pertaining to the child including, but not limited to, medical,
dental, religious or school records (to include report cards), and the residence address
of the child and of the other parent. Each parent shall keep the other informed of any
changes to the child's medication schedule and of all doctor appointments. To the
extent one parent has possession of any such records or information, that parent shall
be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent. All decisions affecting the child's growth and development including, but not
limited to choice of child care provider, medical and dental treatment; psychotherapy, or
like treatment; decisions relating to actual or potential litigation involving the child directly
or as a beneficiary, other than custody litigation; education, both secular and religious;
scholastic athletic pursuits and other extracurricular activities; shall be considered major
decisions and shall be made with the parents jointly, after discussion and consultation
with each other and with a view toward obtaining and following a harmonious policy in
the child's best interest.
2. Physical Custody.
A. School Year. The Mother shall have primary physical custody of the
child during the school year subject to the Father's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Prior to the child beginning his formal public school education, Father
shall be entitled to one uninterrupted week during the school year between
February 1 through April 30 provided it coincides with his custodial weekend period. The
Father shall give 30 days advance notice of exercising this provision along with travel
itinerary, cell phone numbers for emergency communication, and the names of any
travel companions of the Father who will be accompanying the child.
(iii) At such other times as the parties agree.
B. Summer. Father shall have primary physical custody of the child
during the summer school recess from the first Monday after school lets out until 4 days
before school begins, subject to the Mother's right of partial custody as follows:
(1) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Mother shall be entitled to one uninterrupted week in the summer for
vacation provided it coincides with her custodial weekend period and that she give the
Father 30 days prior advance notice of exercising this provision along with travel
itinerary, cell phone numbers for emergency communication, and the names of any
travel companions of the Mother who will be accompanying the child.
(iii) At such other times as the parties agree.
C. Holidays:
(i) Thanksgiving - The Thanksgiving Holiday will run from Wednesday at
7:00 p.m. until Sunday at 7:00 p.m. Mother shall have custody of the child for
Thanksgiving in even numbered years. The Father shall have custody of the child for
Thanksgiving in odd numbered years.
(ii) Christmas/New Years - The Christmas/New Years holiday shall be
divided into Segment A which shall run from December 23 at 6:00 p.m. through
Christmas Day at 3:00 p.m., Segment B which shall run from Christmas Day at 3:00 p.m.
through December 30 at 7:00 p.m. and Segment C which shall run from December 30 at
7:00 p.m. until January 1 at 7:00 p.m. In even numbered years, Father shall have
custody of the child for Segments A and C, and Mother shall have custody during
Segment B. In odd numbered years, Mother shall have custody of the child for
Segments A and C, and Father shall have custody during Segment B.
(iii) Easter - The Father shall have custody of the child from 7:00 p.m.
the day before the first day of the public school holiday recess until 6:00 p.m. on the last
day of the public school holiday recess during odd numbered years. The Mother shall
have custody in the even numbered years.
(iv) Other Holidays: The following schedule shall supersede the regular weekend
schedule:
HOLIDAYS AND TIMES ODD EVEN
SPECIAL DAYS YEARS YEARS
Martin Luther King From 9:00 a.m. first day of 3 day Father Mother
Day weekend until 6:00 p.m. on last day of
Holiday Weekend
Presidents' Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Memorial Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Independence Day From 7:00 p.m. the evening before the Father Mother
holiday to 7:00 p.m. the day of holiday
Labor Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Columbus Day From 9:00 a.m. first day of 3 day Father Mother
weekend until 6:00 p.m. on last day of
Holiday Weekend
Veterans' Day From 9:00 a.m. first day of 3 day Mother Father
weekend untH 6:00 p.m. on last day of
Holiday Weekend
Mother's Day From 6:00 p.m. the evening before the Mother Mother
holiday to 6:00. p.m. the day of the
holiday
Father's Day From 6:00 p.m. the evening before the Father Father
holiday to 6:00 p.m. the day of the
holiday
3. Transportation: Exchanges of custody shall occur at a location midway
between the parties' residence unless otherwise agreed upon by the parties.
4, Nonalienation: Neither parent shall do or say anything, which may estrange
the child from the other parent, injure the opinion of the child as to the other parent or
hamper the free and natural development of the child's love and respect for the other
parent.
5. Telephonic Contact: Both parents shall have liberal and reasonable
telephone contact with the child while the child is in the custody of the other parent. In
the event that either party has a change in their telephone number or terminate
telephone service, they will inform the other party within 24 hours of the change.
6. Alcohol, Tobacco, or Controlled Substance Usage: Neither party shall
consume alcohol, smoke, or use illegal controlled substances or be under the influence
of either when the child is in their custody nor will the parent allow third parties to smoke,
use illegal controlled substances or consume alcohol in the presence of the child when
the child is in the custody of the parent.
By the Court,
M. L. Ebert, Jr., J.
Galen R. Waltz, Esquire
Attorney for Plaintiff
Jill Hammill
Anne MacDonald-Fox, Esquire
Attorney for Defendant
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MALCOLM T. MCREYNOLDS,
Plaintiff/Respondent
V.
ANDREA NELSON,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
IN CUSTODY
No. 06-0708 CIVIL TERM
CERTIFICATE OF SERVICE
I, Holly O. Vaughn, Certified Legal Intern at the Family Law Clinic, hereby
certify that I served a true and correct copy of the Emergency Petition for Special Relief
and Civil Contempt for Disobedience of a Custody Order by first class, U.S. Mail,
postage prepaid, this 27th day of November, 2007, on the following person:
Malcolm T. McReynolds
9 Pagnell Circle
Waldorf, Maryland 20602
Holly O. aughn
Certified Legal Intern
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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MALCOLM T. MCREYNOLDS : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ANDREA NELSON,
Defendant
NO. 06-0708 CIVIL
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 27th day of November, 2007, upon consideration of the Petition for
Special Relief and Civil Contempt for Disobedience of a Custody Order,
IT IS HEREBY ORDERED AND DIRECTED that the Father, Malcolm T. McReynolds, is
directed to return the child to the Mother, Andrea Nelson, at 5601 Buckeystown Pike, Frederick,
Maryland 21704 no later than 7:00 p.m., Wednesday, November 28, 2007.
IT IS FURTHER ORDERED AND DIRECTED that the parties shall appear before the
Custody Conciliator on December 28, 2008, at 10:30 a.m. in the Cumberland County
Courthouse, Carlisle, Pennsylvania. In the interim, this Court's Order of November 8, 2006,
shall continue to govern custody exchanges of the child, Khaliese I. McReynolds. Pending
further Order of Court, exchanges of custody shall take place at 5601 Buckeystown Pike,
Frederick, Maryland 21704.
By the Court,
/alen R. Waltz, Esquire
Attorney for Plaintiff
alcolm T. McReynolds
Plaintiff
Holly Vaughn
Anne MacDonald-Fox, Esquire
Attorney for Defendant
Dio_Cnson FQm%ky Law
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MALCOLM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ANDREA NELSON
DEFENDANT
• 2006-0708 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, November 27, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 28, 2007
at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard. by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or pennanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Hubert X. Gilroy, EsqVj
.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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Malcolm T. McReynolds, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
IN CUSTODY
Andrea Nelson,
Defendant NO. 06-0708 CIVIL TERM
CERTIFICATE OF SERVICE
I, Charla Lenz, Certified Legal Intern, Family Law Clinic, hereby certify that I served a
true and correct copy of the November 27, 2007 Order of Court regarding the Emergency
Petition for Special Relief and Civil Contempt for Disobedience of a Custody Order by FedEx,
express package service, priority overnight, postage paid on the following person:
Malcolm T. McReynolds
9 Pagnell Circle
Waldorf, Maryland 20602
Char a Lenz
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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JAN 0 2 2008 rV
MALCOLM T. MCREYNOLDS,
Plaintiff
v
ANDREA NELSON,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2006-0708
IN CUSTODY
COURT ORDER
day of January, 2008, upon consideration of the attached
AND NOW, this
Custody Conciliation Report, it is ordered and directed as follows:
1. The mother's Petition for Contempt is dismissed upon representation that the mother
desires to withdraw the Petition.
2. Both parties are hereby directed to abide by a clear understanding that the terms of
the existing Custody Orders may not be modified unilaterally by either party. Any
modification of the Custody Orders shall be done by Order of Court or by written
agreement of the parties.
3. The Order of November 8, 2006 as modified by Order of November 27, 2007 shall
remain in effect.
4. In the event either party desires to modify the existing Custody Orders and the parties
are unable to reach an agreement, that party may petition the Court to have the case
again scheduled with the Custody Conciliator for a conference.
BY THE COURT,
1\\\1 ??
M. L. Ebert, Jr., Judge
cc: Anne MacDonald-Fox, Esquire
Mr. Malcolm T. McReynolds
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MALCOLM T. MCREYNOLDS,
Plaintiff
v
ANDREA NELSON,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2006-0708
IN CUSTODY
Prior Judge: Honorable M. L. Ebert, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Khaliese I. McReynolds, born June 28, 2003
2. A Conciliation Conference was held on December 28, 2007, with the following
individuals in attendance:
The father, Malcolm T. McReynolds, who appeared via telephone conference,
the mother, Andrea Nelson, and her counsel Anne MacDonald-Fox, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date: la - 3? ` 0
Hubert X. Gilroy,
Custody Concilia)
Malcolm T. McReynolds, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
IN CUSTODY
Andrea Nelson,
Defendant NO. 06-0708 CIVIL TERM
CERTIFICATE OF SERVICE
I, Megan M. Michael, Certified Legal Intern, Family Law Clinic, hereby certify that I
served a true and correct copy of the Court Order dated January 3, 2008 by depositing a copy in
the United States mail, postage prepaid on January 7, 2008 to the following person at the
following address:
Malcolm T. McReynolds
9 Pagnell Circle
Waldorf, Maryland 20602
/ r
Megan . Mic el i - 8- Zw
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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MALCOLM T. MCREYNOLDS,
Plaintiff/Respondent
V.
ANDREA NELSON
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW comes the Petitioner, Andrea Nelson, by his attorneys, Irwin & McKnight,
and presents the following Petition for Emergency Relief.
1.
The Petitioner is Andrea Nelson, an adult individual residing at 69 Faith Circle, Carlisle,
Cumberland County, Pennsylvania 17013.
2.
The Respondent is Malcolm T. McReynolds, 9 Pagnell Circle Waldorf, Maryland 20602.
3.
The parties are the natural parents of one (1) minor child, namely Khaliese I.
McReynolds, born June 28, 2003.
4.
The Respondent has custody of Khaliese I. McReynolds for most of the summer with
alternate weekends of custody with the Petitioner. The parties are governed by Orders of Court
dated November 8, 2006 and November 27, 2007, copies of which are attached hereto and
marked as Exhibit "A".
5.
The Respondent has had custody of said minor child since a week of Petitioner's vacation
which ended on July 4, 2008. The Respondent has had said minor child the following weekends
in July 2008:
A. The weekend of July 5-6
B. The weekend of July 11-12
6.
The Respondent has informed the Petitioner that he seeks to keep the child, Khaliese I.
McReynolds the weekend of July 26-27. The Petitioner has not been able to see her daughter
since July 4, 2008.
7.
The Petitioner seeks an Order which requires the immediate return of Khaliese I.
McReynolds to her by the Respondent.
WHEREFORE, Petitioner, Andrea Nelson, respectfully requests the Honorable Court to
issue an Order of Court which requires the immediate return to the Petitioner of the minor child,
Kaliese I. McReynolds, by the Respondent, Malcolm T. McReynolds.
Respectfully submitted,
IRWIN &
By:
Marcus f. McKni t, I, Esquire
Attorney for Plainti
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I. D. No. 25476
Date: July 25, 2008
EXHIBIT "A"
MALCOM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-0708 CIVIL
V.
ANDREA NELSON,
Defendant CIVIL ACTION - CUSTODY COPY
ORDER OF COURT
AND NOW, this 80' day of November, 2006, after hearing, and upon
consideration of the Proposed Findings of Fact and Conclusions of Law submitted by
each party,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Legal Custody: The parties, Malcolm T. McReynolds and Andrea N. Nelson,
shall have shared legal custody of the minor child, Khaliese I. McReynolds, born
June 28, 2003. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the child's general
well-being including, but not limited to, all decisions regarding her health, education and
religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all
records and information pertaining to the child including, but not limited to, medical,
dental, religious or school records (to include report cards), and the residence address
of the child and of the other parent. Each parent shall keep the other informed of any
changes to the child's medication schedule and of all doctor appointments. To the
extent one parent has possession of any such records or information, that parent shall
be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent. All decisions affecting the child's growth and development including, but not
limited to choice of child care provider; medical and dental treatment; psychotherapy, or
like treatment; decisions relating to actual or potential litigation involving the child directly
or as a beneficiary, other than custody litigation; education, both secular and religious;
scholastic athletic pursuits and other extracurricular activities; shall be considered major
decisions and shall be made with the parents jointly, after discussion and consultation
with each other and with a view toward obtaining and following a harmonious policy in
the child's best interest.
2. Physical Custody.
A. School Year: The Mother shall have primary physical custody of the
child during the school year subject to the Father's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Prior to the child beginning his formal public school education, Father
shall be entitled to one uninterrupted week during the school year between
February 1 through April 30 provided it coincides with his custodial weekend period. The
Father shall give 30 days advance notice of exercising this provision along with travel
itinerary, cell phone numbers for emergency communication, and the names of any
travel companions of the Father who will be accompanying the child.
(iii) At such other times as the parties agree.
B. Summer. Father shall have primary physical custody of the child
during the summer school recess from the first Monday after school lets out until 4 days
before school begins, subject to the Mother's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Mother shall be entitled to one uninterrupted week in the summer for
vacation provided it coincides with her custodial weekend period and that she give the
Father 30 days prior advance notice of exercising this provision along with travel
itinerary, cell phone numbers for emergency communication, and the names of any
travel companions of the Mother who will be accompanying the child.
(iii) At such other times as the parties agree.
C. Holidays:
(i) Thanksgiving - The Thanksgiving Holiday will run from Wednesday at
7:00 p.m. until Sunday at 7:00 p.m. Mother shall have custody of the child for
Thanksgiving in even numbered years. The Father shall have custody of the child for
Thanksgiving in odd numbered years.
(ii) Christmas/New Years - The Christmas/New Years holiday shall be
divided into Segment A which shall run from December 23 at 6:00 p.m. through
Christmas Day at 3:00 p.m., Segment B which shall run from Christmas Day at 3:00 p.m.
through December 30 at 7:00 p.m. and Segment C which shall run from December 30 at
7:00 p.m. until January 1 at 7:00 p.m. In even numbered years, Father shall have
custody of the child for Segments A and C, and Mother shall have custody during
Segment B. In odd numbered years, Mother shall have custody of the child for
Segments A and C. and Father shall have custody during Segment B.
(iii) Easter - The Father shall have custody of the child from 7:00 p.m.
the day before the first day of the public school holiday recess until 6:00 p.m. on the last
day of the public school holiday recess during odd numbered years. The Mother shall
have custody in the even numbered years.
(iv) Other Holidays: The following schedule shall supersede the regular weekend
schedule:
HOLIDAYS AND TIMES ODD EVEN
SPECIAL DAYS YEARS YEARS
Martin Luther King From 9:00 a.m. first day of 3 day Father Mother
Day weekend until 6:00 p.m. on last day of
Holiday Weekend
Presidents' Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Memorial Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Independence Day From 7:00 p.m. the evening before the Father Mother
holiday to 7:00 p.m. the day of holiday
Labor Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Columbus Day From 9:00 a.m. first day of 3 day Father Mother
weekend until 6:00 p.m. on last day of
Holiday Weekend
Veterans' Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Mother's Day From 6:00 p.m. the evening before the Mother Mother
holiday to 6:00 p.m. the day of the
holiday
Father's Day From 6:00 p.m. the evening before the Father Father
holiday to 6:00 p.m. the day of the
holiday
3. Transportation: Exchanges of custody shall occur at a location midway
between the parties' residence unless otherwise agreed upon by the parties.
4. Nonalienation: Neither parent shall do or say anything, which may estrange
the child from the other parent, injure the opinion of the child as to the other parent or
hamper the free and natural development of the child's love and respect for the other
parent.
5. Telephonic Contact: Both parents shall have liberal and reasonable
telephone contact with the child while the child is in the custody of the other parent. In
the event that either party has a change in their telephone number or terminate
telephone service, they will inform the other party within 24 hours of the change.
6. Alcohol, Tobacco, or Controlled Substance Usage: Neither party shall
consume alcohol, smoke, or use illegal controlled substances or be under the influence
of either when the child is in their custody nor will the parent allow third parties to smoke,
use illegal controlled substances or consume alcohol in the presence of the child when
the child is in the custody of the parent.
By the Court,
M. L. Ebert, Jr., J.
Galen R. Waltz, Esquire
Attorney for Plaintiff
Jill Hammill
Anne MacDonald-Fox, Esquire
Attorney for Defendant
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MALCOLM T. MCREYNOLDS : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-0708 CIVIL
V.
ANDREA NELSON, co Py
Defendant CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 27th day of November, 2007, upon consideration of the Petition for
Special Relief and Civil Contempt for Disobedience of a Custody Order,
IT IS HEREBY ORDERED AND DIRECTED that the Father, Malcolm T. McReynolds, is
directed to return the child to the Mother, Andrea Nelson, at 5601 Buckeystown Pike, Frederick,
Maryland 21704 no later than 7:00 p.m., Wednesday, November 28, 2007.
IT IS FURTHER ORDERED AND DIRECTED that the parties shall appear before the
Custody Conciliator on December 28, 2008, at 10:30 a.m. in. the Cumberland County
Courthouse, Carlisle, Pennsylvania. In the interim, this Court's Order of November 8, 2006,
shall continue to govern custody exchanges of the child, Khaliese I. McReynolds. Pending
further Order of Court, exchanges of custody shall take place at 5601 Buckeystown Pike,
Frederick, Maryland 21704.
By the Court,
Galen R. Waltz, Esquire
Attorney for Plaintiff
Malcolm T. McReynolds
Plaintiff
Holly Vaughn
Anne MacDonald-Fox, Esquire
Attorney for Defendant
bas
M. L. Ebert, Jr
TRUE COPY FROM RECORD
in Testimony whereof, I here uIlto set my hand
and a seal of said C rt a rlislop Pa.
T ....... da f..V 07
VERIFICATION
The foregoing document is based upon information which has been gathered by counsel
and myself in the preparation of this action. I have read the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unworn falsification to authorities.
ANbREA NELSON
Date: July 25 , 2008
MALCOLM T. McREYNOLDS,
Plaintiff/Respondent
V.
ANDREA NELSON
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct
copy of the foregoing document upon the person, and in the manner indicated below, which
service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the
same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and
addressed as follows:
Malcolm Tkeynolds
9 Pagnell Circle
Woldorf, Maryland 20602
IRWIN & McKNIGHT
By:
Marcus /?. M fight, ITI, sq.
60 West om et Street
Carlisle, PA 1 3
717-249-2353
Supreme Court I.D. # 70216
Attorney for the Petitioner
Date: July 25, 2008
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MALCOLM T. McREYNOLDS,
Plaintiff/Respondent
V.
ANDREA NELSON
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW comes the Petitioner, Andrea Nelson, by his attorneys, Irwin & McKnight,
and presents the following Petition for Modification of Custody.
1.
The Petitioner is Andrea Nelson, an adult individual residing at 69 Faith Circle, Carlisle,
Cumberland County, Pennsylvania 17013.
2.
The Respondent is Malcolm T. McReynolds, 9 Pagnell Circle Waldorf, Maryland 20602.
3.
The parties are the natural parents of one (1) minor child, namely Khaliese I.
McReynolds, born June 28, 2003.
4.
The parties are currently governed by custody Orders of Court dated November 8, 2006,
and November 27, 2007, copies of which are attached hereto and marked as Exhibit "A".
5.
The Petitioner has experienced significant difficulties with the Respondent and custody
periods involving vacation periods, holidays, and weekend periods of custody with the
Respondent. The Petition seeks a modification to reduce the number of custody transfers each
month during the summer and the Christmas holiday.
6.
Since the most recent Order of Court dated November 27, 2008, the Respondent has
moved his home further away from the Petitioner. She seeks a custody exchange location closer
to her home in Carlisle, Pennsylvania.
7.
The best interests and permanent welfare of the minor child requires that the Court grant
the Petitioner's request as set forth above.
WHEREFORE, Petitioner, Andrea Nelson, respectfully requests that the Court set the
custody exchange location closer to her home in Carlisle, Pennsylvania.
Respectfully submitted,
IRWIN &
By:
Attorney r Plaintiff
60 West (Pomfret r Street
Carlisle, ennsylvania 1701 -3222
(717)24- 3
Supreme Court I. D. No. 25476
Date: July 25, 2008
EXHIBIT "A"
MALCOM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-0708 CIVIL
V.
ANDREA NELSON,
Defendant : CIVIL ACTION - CUSTODY copy
ORDER OF COURT
AND NOW, this 8 h day of November, 2006, after hearing, and upon
consideration of the Proposed Findings of Fact and Conclusions of Law submitted by
each party,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Legal Custody: The parties, Malcolm T. McReynolds and Andrea N. Nelson,
shall have shared legal custody of the minor child, Khaliese I. McReynolds, born
June 28, 2003. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the child's general
well-being including, but not limited to, all decisions regarding her health, education and
religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all
records and information pertaining to the child including, but not limited to, medical,
dental, religious or school records (to include report cards), and the residence address
of the child and of the other parent. Each parent shall keep the other informed of any
changes to the child's medication schedule and of all doctor appointments. To the
extent one parent has possession of any such records or information, that parent shall
be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent. All decisions affecting the child's growth and development including, but not
limited to choice of child care provider; medical and dental treatment; psychotherapy, or
like treatment; decisions relating to actual or potential litigation involving the child directly
or as a beneficiary, other than custody litigation; education, both secular and religious;
scholastic athletic pursuits and other extracurricular activities; shall be considered major
decisions and shall be made with the parents jointly, after discussion and consultation
with each other and with a view toward obtaining and following a harmonious policy in
the child's best interest.
2. Physical Custody.
A. School Year: The Mother shall have primary physical custody of the
child during the school year subject to the Father's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Prior to the child beginning his formal public school education, Father
shall be entitled to one uninterrupted week during the school year between
February 1 through April 30 provided it coincides with his custodial weekend period. The
Father shall give 30 days advance notice of exercising this provision along with travel
itinerary, cell phone numbers for emergency communication, and the names of any
travel companions of the Father who will be .accompanying the child.
(iii) At such other times as the parties agree.
B. Summer: Father shall have primary physical custody of the child
during the summer school recess from the first Monday after school lets out until 4 days
before school begins, subject to the Mother's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Mother shall be entitled to one uninterrupted week in the summer for
vacation provided it coincides with her custodial weekend period and that she give the
Father 30 days prior advance notice of exercising this provision along with travel
itinerary, cell phone numbers for emergency communication, and the names of any
travel companions of the Mother who will be accompanying the child.
(iii) At such other times as the parties agree.
C. Holidays:
(i) Thanksgiving - The Thanksgiving Holiday will run from Wednesday at
7:00 p.m. until Sunday at 7:00 p.m. Mother shall have custody of the child for
Thanksgiving in even numbered years. The Father shall have custody of the child for
Thanksgiving in odd numbered years.
(ii) Christmas/New Years - The Christmas/New Years holiday shall be
divided into Segment A which shall run from December 23 at 6:00 p.m. through
Christmas Day at 3:00 p.m., Segment B which shall run from Christmas Day at 3:00 p.m.
through December 30 at 7:00 p.m. and Segment C which shall run from December 30 at
7:00 p.m. until January 1 at 7:00 p.m. In even numbered years, Father shall have
custody of the child for Segments A and C, and Mother shall have custody during
Segment B. In odd numbered years, Mother shall have custody of the child for
Segments A and C, and Father shall have custody during Segment B.
(iii) Easter - The Father shall have custody of the child from 7:00 p.m.
the day before the first day of the public school holiday recess until 6:00 p.m. on the last
day of the public school holiday recess during odd numbered years. The Mother shall
have custody in the even numbered years.
(iv) Other Holidays: The following schedule shall supersede the regular weekend
schedule:
HOLIDAYS AND TIMES ODD EVEN
SPECIAL DAYS YEARS YEARS
Martin Luther King From 9:00 a.m. first day of 3 day Father Mother
Day weekend until 6:00 p.m. on last day of
Holiday Weekend
Presidents' Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Memorial Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend `
Independence Day From 7:00 p.m. the evening before the Father Mother
holiday to 7:00 p.m. the day of holiday
Labor Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Columbus Day From 9:00 a.m. first day of 3 day Father Mother
weekend until 6:00 p.m. on last day of
Holiday Weekend
Veterans' Day From 9:00 a.m. first day of 3 day Mother Father
weekend until 6:00 p.m. on last day of
Holiday Weekend
Mother's Day From 6:00 p.m. the evening before the Mother Mother
holiday to 6:00 p.m. the day of the
holiday
Father's Day From 6:00 p.m. the evening before the Father Father
holiday to 6:00 p.m. the day of the
holiday
3. Transportation: Exchanges of custody shall occur at a location midway
between the parties' residence unless otherwise agreed upon by the parties.
4. Nonalienation: Neither parent shall do or say anything, which may estrange
the child from the other parent, injure the opinion of the child as to the other parent or
hamper the free and natural development of the child's love and respect for the other
parent.
5. Telephonic Contact: Both parents shall have liberal and reasonable
telephone contact with the child while the child is in the custody of the other parent. In
the event that either party has a change in their telephone number or terminate
telephone service, they will inform the other party within 24 hours of the change.
6. Alcohol Tobacco, or Controlled Substance Usage: Neither party shall
consume alcohol, smoke, or use illegal controlled substances or be under the influence
of either when the child is in their custody nor will the parent allow third parties to smoke,
use illegal controlled substances or consume alcohol in the presence of the child when
the child is in the custody of the parent.
By the Court, -?' Iz'"'
N'
M. L. Ebert, Jr., J.
Galen R. Waltz, Esquire
Attorney for Plaintiff
Jill Hammill
Anne MacDonald-Fox, Esquire
Attorney for Defendant
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MALCOLM T. MCREYNOLDS : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-0708 CIVIL
V.
ANDREA NELSON, copy
Defendant CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 27th day of November, 2007, upon consideration of the Petition for
Special Relief and Civil Contempt for Disobedience of a Custody Order,
IT IS HEREBY ORDERED AND DIRECTED that the Father, Malcolm T. McReynolds, is
directed to return the child to the Mother, Andrea Nelson, at 5601 Buckeystown Pike, Frederick,
Maryland 21704 no later than 7:00 p.m., Wednesday, November 28, 2007.
IT IS FURTHER ORDERED AND DIRECTED that the parties shall appear before the
Custody Conciliator on December 28, 2008, at 10:30 a.m. in, the Cumberland County
Courthouse, Carlisle, Pennsylvania. In the interim, this Court's Order of November 8, 2006,
shall continue to govem custody exchanges of the child, Khaliese I. McReynolds. Pending
further Order of Court, exchanges of custody shall take place at 5601 Buckeystown Pike,
Frederick, Maryland 21704.
Galen R. Waltz, Esquire
Attorney for Plaintiff
Malcolm T. McReynolds
Plaintiff
Holly Vaughn
Anne MacDonald-Fox, Esquire
Attorney for Defendant
bas
TRUE COPY FROM RECORD
in Testimony whereof, I here unto set my hared
and a seal of said C rt of1? r isle, Pa.
07
T.. da f.. /1 i
y ,
By the Court,
VERIFICATION
The foregoing document is based upon information which has been gathered by counsel
and myself in the preparation of this action. I have read the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
MM?
ANDREA NELSON
Date: July 25, 2008
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MALCOLM T. MCREYNOLDS : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-0708 CIVIL
ANDREA NELSON,
Defendant CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 27th day of July, 2008, upon consideration of the Mother, Andrea
Nelson's Petition for Emergency Relief, and it appearing that the Mother had no visitation with
the child during any of the weekends in July, this being contrary to the Court's Order of
November 8, 2006,
IT IS HEREBY ORDERED AND DIRECTED that the child, Khaliese I. McReynolds, born
June 28, 2003, shall be returned to the Mother by 7:00 p.m. on August 1, 2008, until 7:00 p.m.
August 3, 2008. Additionally, the Mother shall have custody of the child during the same time
period for the weekends of August 8 through 10 and 15 through 17 in order to make up for the
weekends she was entitled to in July.
IT IS FURTHER ORDERED AND DIRECTED that a custody conciliation hearing shall
be held before Custody Conciliator Hubert Gilroy on August 26, 2008 at 2:00 p.m.
By the Court,
sk-,u
M. L. Ebert, Jr., J.
alcolm T. McReynolds, Plaintiff
9 Pagnell Circle
Waldorf, MD 20602
xen Waltz, Esquire
Attorney for Plaintiff \
arcus A. McKnight, III, Esquire
Attorney for Defendant
,Wbert Gilroy, Esquire
Custody Conciliator
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MALCOLM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2006-708 CIVIL ACTION LAW
ANDREA NELSON
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, July 29, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 26, 2008 at 2:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Es q. v y(\
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
AP
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MALCOLM T. MCREYNOLDS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
ANDREA NELSON, NO. 2006-708
Defendant IN CUSTODY
COURT ORDER
AND NOW, this ID day of September, 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse
on the a -11-- day of OC*&?, 2008, at l' 30 -A -
in. At this hearing, the Mother shall be the moving party and shall proceed initi ly
with testimony. Counsel for the parties shall file with the Court and opposing
counsel a Memorandum setting forth the history of custody in this case, the issues
currently before the Court, a list of witnesses who will be called to testify on behalf
of each party, and a summary of the anticipated testimony of each witness. This
Memorandum shall be filed at least five days prior to the mentioned hearing date.
2. Pending further Order of this Court, this Court's prior Order shall remain in effect
subject to the provision that Father shall ensure that his girlfriend shall not be
involved in any physical discipline of the minor child.
3. Once Father retains legal counsel and in the event legal counsel for Father believes
that another custody conciliation conference would be in order, the attorneys for the
parties may contact the Custody Conciliator to schedule another conference which
may be via a telephone conference with the attorneys.
4. Also based upon agreement of the parties, the prior Order is modified such that in the
event the minor child is not off school on Veteran's Day, Father's time over that
particular weekend shall be limited to Friday to Sunday and shall not include that
Monday.
BY THE COURT,
1%? ?, ?AA
M. L. Ebert, Jr., Judge
cc: /"-
Wcus A. McKnight, 111, Esquire
nr. Malcolm T. McReynolds
(20 c) t ies in4a L LL
Q !D/08
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Ir
MALCOLM T. MCREYNOLDS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
ANDREA NELSON,
Defendant
Prior Judge: The Honorable M. L. Ebert, Jr.
CIVIL ACTION - LAW
NO. 2006-708
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Khaliese I. McReynolds, born June 28, 2003
2. A conciliation conference was held on September 5, 2008, with the following
individuals in attendance:
The mother, Andrea Nelson, who appeared with her counsel, Marcus
A. McKnight, III, Esquire, and the father, Malcom T. McReynolds,
who appeared via telephone.
3. Mother is seeking some minor modifications of the Order. The parties cannot agree
and a hearing is required. Based upon a discussion with the Father and Mother and
her counsel at the conciliation conference, the Conciliator recommends an Order in
the form as attached.
t
Date: September, 2008 (?X q
Hubert X. Gil y, Esquire
Custody Co iliator
MALCOM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-0708 CIVIL
V.
ANDREA NELSON,
Defendant CIVIL ACTION - CUSTODY
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 29th day of October, 2008, after hearing in this matter,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Legal Custody: The parties, Malcolm T. McReynolds and Andrea N. Nelson, shall
have shared legal custody of the minor child, Khaliese I. McReynolds, born
June 28, 2003. Each parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the child's general well-being
including, but not limited to, all decisions regarding her health, education and religion. Pursuant
to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to, medical, dental, religious or school records
(to include report cards), and the residence address of the child and of the other parent. Each
parent shall keep the other informed of any changes to the child's medication schedule and of
all doctor appointments. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent. All decisions affecting the child's growth and development including, but not
limited to choice of child care provider; medical and dental treatment; psychotherapy, or like
treatment; decisions relating to actual or potential litigation involving the child directly or as a
beneficiary, other than custody litigation; education, both secular and religious; scholastic
athletic pursuits and other extracurricular activities; shall be considered major decisions and
shall be made with the parents jointly, after discussion and consultation with each other and with
a view toward obtaining and following a harmonious policy in the child's best interest.
2. Physical Custody.
A. School Year: The Mother shall have primary physical custody of the child
during the school year subject to the Father's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) At such other times as the parties agree. (For example, Parties should agree
to let Mother have custody, or trade weekends when Father is unavailable during his weekend
because of his work schedule.)
B. Summer: Father shall have primary physical custody of the child during the
summer school recess from the first Monday after school lets out until 4 days before school
begins. Regardless of the alternating weekend schedule, Mother shall have custody of the child
on the weekend prior to the Monday which begins the Father's summer custodial period.
Additionally, during the summer, Mother shall have right to partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Mother shall be entitled to one uninterrupted week in the summer for vacation
provided it coincides with her custodial weekend period and that she give the Father advance
notice of this vacation period on or before May 15 each year, along with travel itinerary, cell
phone numbers for emergency communication, and the names of any travel companions of the
Mother who will be accompanying the child.
(iii) At such other times as the parties agree.
C. Holidays:
(i) Thanksgiving - The Thanksgiving Holiday will run from Wednesday at 7:00
p.m. until Sunday at 7:00 p.m. Mother shall have custody of the child for Thanksgiving in even
2
numbered years. The Father shall have custody of the child for Thanksgiving in odd numbered
years.
(ii) Christmas/New Years - in 2008, the Christmas/New Years holiday shall be
divided into Segment A which shall run from December 19, 2008 at 7:00 p.m. through
December 27, 2008, at 7:00 p.m. and Segment B which shall run from December 27, 2008, at
7:00 p.m. through January 4, 2009, at 7:00 p.m. In even numbered years, Father shall have
custody of the child for Segment A and Mother shall have custody for Segment B. In odd
numbered years, Father shall have custody of the child for Segment B and Mother shall have
custody during Segment A. In subsequent years, if no agreement can be reached, the Parties
shall examine the school schedule and submit proposals to the Court on or before October 1 of
each year.
(iii) Easter - In odd numbered years, Father shall have custody of the child from
7:00 p.m. the day before the first day of the public school holiday recess until 7:00 p.m. on the
last day of the public school holiday recess. Mother shall have custody in the even numbered
years.
(iv) Other Holidays: The following schedule shall supersede the regular weekend
schedule:
HOLIDAYS AND TIMES ODD EVEN
SPECIAL DAYS YEARS YEARS
Martin Luther King From 7:00 p.m. on Friday until 7:00 p.m. Father Mother
Day Monday
Presidents' Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
3
Memorial Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
Independence Day From 7:00 p.m. the evening before the Father Mother
holiday to 7:00 p.m. the day of holiday
Labor Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
Columbus Day From 7:00 p.m. on Friday until 7:00 p.m. Father Mother
Monday
Mother's Day From 7:00 p.m. the evening before the Mother Mother
holiday to 7:00 p.m. the day of the
holiday
Father's Day From 7:00 p.m. the evening before the Father Father
holiday to 7:00 p.m. the day of the
holiday
3. Corporal Punishment: No corporal punishment shall be administered by any third
party (i.e. boyfriend/girlfriend/significant other etc.). The Parties agree that any corporal
punishment administered to the child will be by use of hand and not supplemented by any other
object to include but not limited to paddle, belt, etc.
4. Transportation: Exchanges of custody shall occur at the Sheetz store located on
Buckeystown Road, Frederick, Maryland, unless otherwise agreed upon by the parties.
5. Nonalienation: Neither parent shall do or say anything, which may estrange the child
from the other parent, injure the opinion of the child as to the other parent or hamper the free
and natural development of the child's love and respect for the other parent.
4
6. Telephonic Contact: Both parents shall have liberal and reasonable telephone
contact with the child while the child is in the custody of the other parent. In the event that either
party has a change in their telephone number or terminate telephone service, they will inform
the other party within 24 hours of the change.
7. Alcohol Tobacco or Controlled Substance Usage: Neither party shall consume
alcohol, smoke, or use illegal controlled substances or be under the influence of either when the
child is in their custody nor will the parent allow third parties to smoke, use illegal controlled
substances or consume alcohol in the presence of the child when the child is in the custody of
the parent.
By the Court,
M. L. Ebert, Jr., J.
Galen R. Waltz, Esquire
Attorney for Plaintiff
Marcus McKnight, Esquire
Attorney for Defendant
bas
5
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-ILA ; _ V
I j:-
MALCOLM T. McREYNOLDS, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
ANDREA NELSON
Defendant/Petitioner IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW comes the Petitioner, Andrea Nelson, by his attorneys, Irwin & McKnight,
and presents the following Petition for Modification of Custody.
1.
The Petitioner is Andrea Nelson, an adult individual residing at 69 Faith Circle, Carlisle,
Cumberland County, Pennsylvania 17013.
2.
The Respondent is Malcolm T. McReynolds, 9 Pagnell Circle Waldorf, Maryland 20602.
3.
The parties are the natural parents of one (1) minor child, namely Khaliese I.
McReynolds, born June 28, 2003.
4.
The parties are currently governed by custody Orders of Court dated October 29, 2008, a
copy of which is attached hereto and marked as Exhibit "A".
5.
The Petitioner has experienced significant difficulties with the Respondent abiding by the
current Order of Court dated October 29, 2009.
6.
The Respondent provided only two (2) weeks notice to the Petitioner that he was unable
to exchange custody during the summer months as set forth in the Order of Court dated October
29, 2008.
7.
The Petitioner requests that she be awarded primary physical custody of said minor child
during the summer months with the Defendant having one weekend per month with the Khaliese
I. McReynolds with the condition that Defendant provide all transportation for the custody
transfer and that all vacation not used by the Respondent be eliminated.
8.
The best interests and permanent welfare of the minor child requires that the Court grant
the Petitioner's request as set forth above.
WHEREFORE, Petitioner, Andrea Nelson, respectfully requests that the Court grant her
primary physical custody of said minor child during the summer months with the Defendant
having one weekend per month with the Khaliese I. McReynolds with the condition that the
Defendant provide all transportation for the custody transfer and that all vacation not used by the
Respondent be eliminated as provided herein.
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
By:
for
est
III, Esquire
vania 17013-3222
(717) 249-2353
Date: June 3, 2009 Supreme Court I. D. No. 25476
MALCOM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-0708 CIVIL
ANDREA NELSON,
Defendant CIVIL ACTION - CUSTODY
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 29th day of October, 2008, after hearing in this matter,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Legal Custody: The parties, Malcolm T. McReynolds and Andrea N. Nelson, shall
have shared legal custody of the minor child, Khaliese I. McReynolds, born
June 28, 2003. Each parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the child's general well-being
including, but not limited to, all decisions regarding her health, education and religion. Pursuant
to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to, medical, dental, religious or school records
(to include report cards), and the residence address of the child and of the other parent. Each
parent shall keep the other informed of any changes to the child's medication schedule and of
all doctor appointments. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent. All decisions affecting the child's growth and development including, but not
limited to choice of child care provider; medical and dental treatment; psychotherapy, or like
treatment; decisions relating to actual or potential litigation involving the child directly or as a
beneficiary, other than custody litigation; education, both secular and religious; scholastic
athletic pursuits and other extracurricular activities; shall be considered major decisions and
shall be made with the parents jointly, after discussion and consultation with each other and with
a view toward obtaining and following a harmonious policy in the child's best interest.
2. Physical Custody.
A. School Year: The Mother shall have primary physical custody of the child
during the school year subject to the Father's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) At such other times as the parties agree. (For example, Parties should agree
to let Mother have custody, or trade weekends when Father is unavailable during his weekend
because of his work schedule.)
B. Summer: Father shall have primary physical custody of the child during the
summer school recess from the first Monday after school lets out until 4 days before school
begins. Regardless of the alternating weekend schedule, Mother shall have custody of the child
on the weekend prior to the Monday which begins the Father's summer custodial period.
Additionally, during the summer, Mother shall have right to partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Mother shall be entitled to one uninterrupted week in the summer for vacation
provided it coincides with her custodial weekend period and that she give the Father advance
notice of this vacation period on or before May 15 each year, along with travel itinerary, cell
phone numbers for emergency communication, and the names of any travel companions of the
Mother who will be accompanying the child.
(iii) At such other times as the parties agree.
C. Holidays:
(i) Thanksgiving - The Thanksgiving Holiday will run from Wednesday at 7:00
p.m. until Sunday at 7:00 p.m. Mother shall have custody of the child for Thanksgiving in even
2
numbered years. The Father shall have custody of the child for Thanksgiving in odd numbered
years.
(ii) Christmas/New Years - In 2008, the Christmas/New Years holiday shall be
divided into Segment A which shall run from December 19, 2008 at 7:00 p.m. through
December 27, 2008, at 7:00 p.m. and Segment B which shall run from December 27, 2008, at
7:00 p.m. through January 4, 2009, at 7:00 p.m. In even numbered years, Father shall have
custody of the child for Segment A and Mother shall have custody for Segment B. In odd
numbered years, Father shall have custody of the child for Segment B and Mother shall have
custody during Segment A. In subsequent years, if no agreement can be. reached, the Parties
shall examine the school schedule and submit proposals to the Court on or before October 1 of
each year.
(iii) Easter - In odd numbered years, Father shall have custody of the child from
7:00 p.m. the day before the first day of the public school holiday recess until 7:00 p.m. on the
last day of the public school holiday recess. Mother shall have custody in the even numbered
years.
(iv) Other Holidays: The following schedule shall supersede the regular weekend
schedule:
HOLIDAYS AND TIMES ODD EVEN
SPECIAL DAYS YEARS YEARS
Martin Luther King From 7:00 p.m. on Friday until 7:00 p.m. Father Mother
Day Monday
Presidents' Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
3
Memorial Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
Independence Day From 7:00 p.m. the evening before the Father Mother
holiday to 7:00 p.m. the day of holiday
Labor Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
Columbus Day From 7:00 p.m. on Friday until 7:00 p.m. Father Mother
Monday
Mother's Day From 7:00 p.m. the evening before the Mother Mother
holiday to 7:00 p.m. the day of the
holiday
Father's Day From 7:00 p.m. the evening before the Father Father
holiday to 7:00 p.m. the day of the
holiday
3. Corporal Punishment: No corporal punishment shall be administered by any third
party (i.e. boyfriend/girlfriend/significant other etc.). The Parties agree that any corporal
punishment administered to the child will be by use of hand and not supplemented by any other
object to include but not limited to paddle, belt, etc.
4. Transportation: Exchanges of custody shall occur at the Sheetz store located on
Buckeystown Road, Frederick, Maryland, unless otherwise agreed upon by the parties.
5. Nonalienation: Neither parent shall do or say anything, which may estrange the child
from the other parent, injure the opinion of the child as to the other parent or hamper the free
and natural development of the child's love and respect for the other parent.
4
6. Telephonic Contact: Both parents shall have liberal and reasonable telephone
contact with the child while the child is in the custody of the other parent. In the event that either
party has a change in their telephone number or terminate telephone service, they will inform
the other party within 24 hours of the change.
7. Alcohol, Tobacco, or Controlled Substance Usaae: Neither party shall consume
alcohol, smoke, or use illegal controlled substances or be under the influence of either when the
child is in their custody nor will the parent allow third parties to smoke, use illegal controlled
substances or consume alcohol in the presence of the child when the child is in the custody of
the parent.
By the Court,
M. L. Ebert, Jr., J.
Galen R. Waltz, Esquire
Attorney for Plaintiff
Marcus McKnight, Esquire
Attorney for Defendant
bas
TRUE COPY FROM RE RU
+n Teedmony whereof, I hens unto od nV hang
Ind tlt s of said Cftrt at C , PL
RECEIVED TWA o
t?+oRhontNiryl?
OCT 3 1 2008
IRWIN & MCKNIGHT
LAW OFFICES
5
VERIFICATION
The foregoing Petition to Modify Custody is based upon information which has been
gathered by counsel and myself in the preparation of this action. I have head the statements made
in this document and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities.
AN REA NELSON
Date: June 3, 2009
OF THE TH T, (
20 JM -4 PM 2:54
?'ii ?4D?j?t COUNTY
MALCOLM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2006-708 CIVIL ACTION LAW
ANDREA NELSON
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, June 08, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 16, 2009 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR. THE COURT,
By: /s/ Hubert X. Gilroy, Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
FILE ICE
OF ENE Fa r?trOTAl3Y
2009 jUt4 10 AFB It: 14
CI f ? (LVr`-+Nf'A, 49
JUN 0 5 Mo9c4
MALCOLM T. McREYNOLDS,
Plaintiff/Respondent
V.
ANDREA NELSON
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 2009, upon consideration of the
attached Petition, it is hereby directed that the parties and their respective counsel appear
before Esquire, the conciliator, at
, on the day of , 2009 at
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 this conference may provide grounds for entry
of a temporary or permanent order.
By the Court,
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduling conference or hearing.
MALCOLM T. McREYNOLDS,
Plaintiff/Respondent
V.
ANDREA NELSON
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW comes the Petitioner, Andrea Nelson, by his attorneys, Irwin & McKnight,
and presents the following Petition for Modification of Custody.
1.
The Petitioner is Andrea Nelson, an adult individual residing at 69 Faith Circle, Carlisle,
Cumberland County, Pennsylvania 17013.
2.
The Respondent is Malcolm T. McReynolds, 9 Pagnell Circle Waldorf, Maryland 20602.
3.
The parties are the natural parents of one (1) minor child, namely Khaliese I.
McReynolds, born June 28, 2003.
4.
The parties are currently governed by custody Orders of Court dated October 29, 2008, a
copy of which is attached hereto and marked as Exhibit "A".
5.
The Petitioner has experienced significant difficulties with the Respondent abiding by the
current Order of Court dated October 29, 2009.
6.
The Respondent provided only two (2) weeks notice to the Petitioner that he was unable
to exchange custody during the summer months as set forth in the Order of Court dated October
29, 2008.
7.
The Petitioner requests that she be awarded primary physical custody of said minor child
during the summer months with the Defendant having one weekend per month with the Khaliese
1. McReynolds with the condition that Defendant provide all transportation for the custody
transfer and that all vacation not used by the Respondent be eliminated.
8.
The best interests and permanent welfare of the minor child requires that the Court grant
the Petitioner's request as set forth above.
WHEREFORE, Petitioner, Andrea Nelson, respectfully requests that the Court grant her
primary physical custody of said minor child during the summer months with the Defendant
having one weekend per month with the Khaliese I. McReynolds with the condition that the
Defendant provide all transportation for the custody transfer and that all vacation not used by the
Respondent be eliminated as provided herein.
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
By:
4is A. cKnight, III, Esquire
ney for Pl tiff
est Pomfret treet
Date: June 3, 2009
Car il9k;4'crMsylvania 17013-3222
(717) 249-2353
Supreme Court I. D. No. 25476
I
JUL 2 T2009y
MALCOLM T. McREYNOLDS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
ANDREA NELSON, NO. 2006-0708
Defendant IN CUSTODY
COURT ORDER
AND NOW, this co day of July, 2009, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearin is scheduled i Court Room No. 5 of the Cumberland County Courthouse
on the day of , 2009 at !3P in. At this hearing, the
mother shall be the moving party and shall proceed initially with testimony. Counsel
for the parties, or the parties themselves if they do not have legal counsel, shall file
a memorandum with the Court and the opposing party or their counsel setting forth
the history of custody in this case, the issues currently before the Court, a summary
of each parties position on these issues, a list of witnesses who will be called to
testify on behalf of each party and a summary of the anticipated testimony of each
witness. This memorandum shall be filed at least five (5) days prior to the mentioned
hearing date.
2. Pending further order of this Court, this Court's Order of October 29, 2008, shall
remain in effect subject to the following modification:
a. Father shall ensure that the Minor Child has a telephone conversation with
the mother at least two times per week during the time the father has custody
in the summer.
cc: 4arcus A. McKnight, III, Esq
'Mr. Malcolm T. McReynolds
BY THE COURT,
F1WI./- t.14 ?ILAE
OF THE pRI ' ?:nti'nTAS3Y
2009 JUL 24 AM 9' 02
I
MALCOLM T. McREYNOLDS,
Plaintiff
vs.
ANDREA NELSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2006-0708
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Khaliese I. McReynolds, born June 28, 2003.
2. A Conciliation Conference was held on July 16, 2009, with the following individuals
in attendance:
The mother, Andrea Nelson, appeared with her counsel, Marcus A. McKnight, III,
Esquire. The father, Malcolm T. McReynolds, had called ahead of time to try to
arrange his appearance via telephone. Ultimately, the Conciliator spoke with the
father over the telephone on July 17, 2009, at which time Attorney McKnight
participated in the conference call.
3. The mother is expressing concern because father is working quite a bit during the
summer and father has primary custody of the minor child during the summer
months. The mother is concerned that the father is not spending time with minor
child. The mother also suggests that the father has been missing some of the
scheduled holidays under the existing Order and she wants to eliminate those
holidays from the Order.
4. Father suggests that he is handling things appropriately during the summer and is
unwilling to agree to a modification of the Order. A hearing is required and the
Conciliator recommends an Order and the form as attached.
Date: Z??q- al
HubertX. Gilroy, Esquire
Custody Conciliator
MALCOLM T. MCREYNOLDS IN THE COUKI OF UUMMUN YLLAJ Vr
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2006-708 CIVIL ACTION LAW
ANDREA NELSON
IN CUSTODY
DF,FF.NDANT
ORDER OF COURT
AND NOW, Monday, June 08, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 16, 2009 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. cn- r.,,
FOR THE COURT.
c_._
a njw
-n rn
B /s/ Hubert X. Gilroy, Es - r?
Custody Conciliator' !}?
O rre
--r
The Court of Common Pleas of Cumberland County is required by law to comply wit}?--Ille Arneri s
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations -c
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduling conference or hearing.
MALCOLM T. McREYNOLDS,
PlaintifVRespondent
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
ANDREA NELSON
Defendant/Petitioner IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
N ZSM
AND NOW comes the Petitioner, Andrea Nelson, by his attorneys, Irwin & 1VfcKni
and presents the following Petition for Modification of Custody.
1.
The Petitioner is Andrea Nelson, an adult individual residing at 69 Faith Circle, Carlisle,
Cumberland County, Pennsylvania 17013.
2.
The Respondent is Malcolm T. McReynolds, 9 Pagnell Circle Waldorf, Maryland 20602.
3.
The parties are the natural parents of one (1) minor child, namely Khaliese I.
McReynolds, born June 28, 2003.
4.
The parties are currently governed by custody Orders of Court dated October 29, 2008, a
copy of which is attached hereto and marked as Exhibit "A".
5.
The Petitioner has experienced significant difficulties with the Respondent abiding by the
current Order of Court dated October 29, 2009.
6.
The Respondent provided only two (2) weeks notice to the Petitioner that he was unable
to exchange custody during the summer months as set forth in the Order of Court dated October
29, 2008.
7.
The Petitioner requests that she be awarded primary physical custody of said minor child
during the summer months with the Defendant having one weekend per month with the Khaliese
1. McReynolds with the condition that Defendant provide all transportation for the custody
transfer and that all vacation not used by the Respondent be eliminated.
8.
The best interests and permanent welfare of the minor child requires that the Court grant
the Petitioner's request as set forth above.
WHEREFORE, Petitioner, Andrea Nelson, respectfully requests that the Court grant her
primary physical custody of said minor child during the summer months with the Defendant
having one weekend per month with the Khaliese I. McReynolds with the condition that the
Defendant provide all transportation for the custody transfer and that all vacation not used by the
Respondent be eliminated as provided herein.
Date: June 3, 2009
Respectfully submitted,
IRWIN,& McKNIGHT, P.C.
By:
A. McKnight, III, Esquire
for Plaintiff
60 West_I'atfifret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I. D. No. 25476
.e -if Air
MALCOM T. MCREYNOLDS
Plaintiff
V.
ANDREA NELSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-0708 CIVIL
CIVIL ACTION - CUSTODY
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 29" day of October, 2008, after hearing in this matter,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Legal Custody: The parties, Malcolm T. McReynolds and Andrea N. Nelson, shall
have shared legal custody of the minor child, Khaliese I. McReynolds, born
June 28, 2003. Each parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the child's general well-being
including, but not limited to, all decisions regarding her health, education and religion. Pursuant
to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to, medical, dental, religious or school records
(to include report cards), and the residence address of the child and of the other parent. Each
parent shall keep the other informed of any changes to the child's medication schedule and of
all doctor appointments. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent. All decisions affecting the child's growth and development including, but not
limited to choice of child care provider; medical and dental treatment; psychotherapy, or like
treatment; decisions relating to actual or potential litigation involving the child directly or as a
beneficiary, other than custody litigation; education, both secular and religious; scholastic
athletic pursuits and other extracurricular activities; shall be considered major decisions and
shall be made with the parents jointly,-after discussion and consultation with each other and with
a view toward obtaining and following a harmonious policy in the child's best interest.
2. Physical Custody.
A. School Year: The Mother shall have primary physical custody of the child
during the school year subject to the Father's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) At such other times as the parties agree. (For example, Parties should agree
to let Mother have custody, or trade weekends when Father is unavailable during his weekend
because of his work schedule.)
B. Summer: Father shall have primary physical custody of the child during the
summer school recess from the first Monday after school lets out until 4 days before school
begins. Regardless of the alternating weekend schedule, Mother shall have custody of the child
on the weekend prior to the Monday which begins the Father's summer custodial period.
Additionally, during the summer, Mother shall have right to partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Mother shall be entitled to one uninterrupted week in the summer for vacation
provided it coincides with her custodial weekend period and that she give the Father advance
notice of this vacation period on or before May 15 each year, along with travel itinerary, cell
phone numbers for emergency communication, and the names of any travel companions of the
Mother who will be accompanying the child.
(iii) At such other times as the parties agree.
C. Holidavs:
(i) Thanksgiving - The Thanksgiving Holiday will run from Wednesday at 7:00
p.m. until Sunday at 7:00 p.m. Mother shall have custody of the child for Thanksgiving in even
2
numbered years. The Father shall have custody of the child for Thanksgiving in odd numbered
years.
(ii) Christmas/New Years - In 2008, the Christmas/New Years holiday shall be
divided into Segment A which shall run from December 19, 2008 at 7:00 p.m. through
December 27, 2008, at 7:00 p.m. and Segment B which shall run from December 27, 2008, at
7:00 p.m. through January 4, 2009, at 7:00 p.m. In even numbered years, Father shall have
custody of the child for Segment A and Mother shall have custody for Segment B. In odd
numbered years, Father shall have custody of the child for Segment B and Mother shall have
custody during Segment A. In subsequent years, if no agreement can be reached, the Parties
shall examine the school schedule and submit proposals to the Court on or before October 1 of
each year.
(iii) Easter - In odd numbered years, Father shall have custody of the child from
7:00 p.m. the day before the first day of the public school holiday recess until 7:00 p.m. on the
last day of the public school holiday recess. Mother shall have custody in the even numbered
years.
(iv) Other Holidays: The following schedule shall supersede the regular weekend
schedule:
HOLIDAYS AND TIMES ODD EVEN
SPECIAL DAYS YEARS YEARS
Martin Luther King From 7:00 p.m. on Friday until 7:00 p.m. Father Mother
Day Monday
Presidents' Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
3
Memorial Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
Independence Day From 7:00 p.m. the evening before the Father Mother
holiday to 7:00 p.m. the day of holiday
Labor Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
Columbus Day From 7:00 p.m. on Friday until 7:00 p.m. Father Mother
Monday
Mother's Day From 7:00 p.m. the evening before the Mother Mother
holiday to 7:00 p.m. the day of the
holiday
Father's Day From 7:00 p.m. the evening before the Father Father
holiday to 7:00 p.m. the day of the
holiday
3. Corporal Punishment: No corporal punishment shall be administered by any third
party (i.e. boyfriend/girlfriend/significant other etc.). The Parties agree that any corporal
punishment administered to the child will be by use of hand and not supplemented by any other
object to include but not limited to paddle, belt, etc.
4. Transportation: Exchanges of custody shall occur at the Sheetz store located on
Buckeystown Road, Frederick, Maryland, unless otherwise agreed upon by the parties.
5. Nonalienation: Neither parent shall do or say anything, which may estrange the child
from the other parent, injure the opinion of the child as to the other parent or hamper the free
and natural development of the child's love and respect for the other parent.
4
6. Telephonic Contact: Both parents shall have liberal and reasonable telephone
contact with the child while the child is in the custody of the other parent. In the event that either
party has a change in their telephone number or terminate telephone service, they will inform
the other party within 24 hours of the change.
7. Alcohol, Tobacco, or Controlled Substance Usage: Neither party shall consume
alcohol, smoke, or use illegal controlled substances or be under the influence of either when the
child is in their custody nor will the parent allow third parties to smoke, use illegal controlled
substances or consume alcohol in the presence of the child when the child is in the custody of
the parent.
By the Court,
M. L. Ebert, Jr., J.
Galen R. Waltz, Esquire
Attorney for Plaintiff
Marcus McKnight, Esquire
Attorney for Defendant
bas
TRUE CORY FROM RECORU
?n Testimony whereof, I here unto set my hane
ind ft ftof said court at Wift, P
RECEIVED
OCT 31 2008 IRWIN & McKNIGNT
LAW OFFICES
5
VERIFICATION
The foregoing Petition to Modify Custody is based upon information which has been
gathered by counsel and myself in the preparation of this action. I have head the statements made
in this document and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities.
AN REA NELSON
Date: June 3, 2009
To; Shelly (717) 243-3341
From: KIM (717) 240-6200
PLEASE IGMST UE LFMOKI
Plaintiff Defendant
Michael A. Remoikis Natasha M. Barrick
Conciliator Coda Date Assigned; Clocked In
G 61512009 512612009
Conciliation Date Time am/pm
Plaintiff Defendant
Noah E. Sowers Shelia A. Hampton
Conciliator Code Date Assigned; Clocked In
G 6/5/2009 61312009
Conciliation Date 'T'ime amlpm
Plaintiff Defendant
Malcolm T. McReynolds Andrea Nelson
Conciliator Code Date Assigned: Clocked In
G 615!2009 61412009
Conciliation Date Time arrmlpm
?Al 0 c,
Docket Number Attorney
2009-3448 Rebecca McClincy Darr
Notes:
last day of 45 day statutory limit is; 71101200
Docket Number Attorney
2009-3911 iMark F. Bayley
Notes;
last day of 45 day statutory limit is: 7119/2009
Docket Number Attorney
2006-708 Marcus A. McKnight If
Notes;
last day of 45 day statutory limit is:
MALCOLM T. McREYNOLDS : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
ANDREA NELSON, : No. 2006-708
Defendant : IN CUSTODY
MOTION TO CONTINUE
AND NOW comes Plaintiff, Malcolm T. McReynolds, by and through his Attorney,
Galen R. Waltz, Esquire who avers the following:
1. A July 23, 2009 Custody Order scheduled a Custody Hearing for October
15, 2009 at 1:30p.m. before the Honorable Judge Ebert.
2. The undersigned counsel is scheduled to be on vacation and out of the
Continental United States during this period of time; the vacation has been pre-paid and
the money cannot be returned.
3. A request from opposing counsel as to whether or not he opposes this
motion has resulted in no response as of the time of this writing, opposing counsel did
not respond to the voicemail and three messages left with the secretary.
4. The parties will not be harmed by continuing the October 29, 2008
Custody Order already in existence with the various modifications that have been
provided by this honorable court.
5. Judge M.L. Ebert, Jr. has previously been assigned to this case.
6. This is the first request for continuance in the custody matter by counsel
for Malcolm T. McReynolds.
Wherefore, it is requested that the October 15, 2009 1:30p.m. hearing be
rescheduled to another date and time.
Respectfully Submitted,
TURO LAW OFFICES
Date
'Wen R. Waltz-,-Esc
uro Law Offices
28 South Pitt Street
ID# 39789
Carlisle, PA 17013
(717) 245-9688
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Plaintiffs Motion to Continue, by first class, postage pre-paid and depositing same
in the United States Mail, first class, postage pre-paid on the day of
2009, from Carlisle, Pennsylvania, addressed as follows:
Markus McKnight, III, Esquire
60 W. Pomfret Street
Carlisle, PA 17013
TURO LAW OFFICES
Ga en R. Waltz, Es e
28 South Pitt Street
Carlisle, PA 17013
ID# 39789
(717) 245-9688
Attorney for Plaintiff
FiLPEE"f
OF THE
2009 SE? -2 F-i 12. 1-) or
!I i
MALCOLM T. McREYNOLDS
Plaintiff
V.
ANDREA NELSON,
Defendant
IN THE COURT OF COMMON P I S
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 2006-708
IN CUSTODY
ORDER
AND NOW, this _ day of - , 2009, after considering the Motior,
to Continue, the Hearing scheduled for October 15, 2009 at 1:30p.m. is CONTI-N UEt? to
day of ? , 2009 at R&?a.m.lpow?-in CourtrooM No. ?) cif
the Cumberland County Courthouse.
Cc: Markus A. McKnight, III, Esquire
Galen R. Waltz, Esquire
L FS 17-"a 1 lq-CL
BY THE COURT,
FILEL -.0t'ri(E
OF THE R-, !,' Il ,7(NOTARY
4.
2009 SEP 1 1 AM E0: 5 3
PE41 sYLVA%NFA.
MALCOLM T. McREYNOLDS,
Plaintiff/Respondent
V.
ANDREA NELSON
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
IN CUSTODY
PETITION FOR CONTEMPT
AND NOW, this 101h day of November, 2009, comes the Petitioner, ANDREA
NELSON, by her attorneys, IRWIN & McKNIGHT, P.C. and makes the following Petition for
Contempt against MALCOLM T. McREYNOLDS:
1.
The Petitioner is Andrea Nelson, the mother of the minor child, Khaliese I. McReynolds,
born June 28, 2003. The Petitioner resides at 69 Faith Circle, Carlisle, Pennsylvania 17013.
2.
The Respondent is Malcolm T. McReynolds who resides at 9 Pagnell Circle, Waldorf,
Maryland 20602.
3.
Custody of the minor child is pursuant to an Order of Court dated October 29, 2008, by
Judge M.L. Ebert, Jr., a copy of said Order is attached and made a part of this Petition, and
marked as Exhibit "A".
4.
Paragraph Seven (7) of the Order of Court provides that:
2
Alcohol, tobacco or controlled substance usage: Neither party
shall consume alcohol, smoke, or use illegal controlled substances or
be under the influence of either when the child is in their custody nor
will the parent allow third parties to smoke, use illegal controlled
substances or consume alcohol in the presence of the child when the
child is in the custody of her parent.
5.
On Sunday evening, November 8, 2009, at approximately 6:45 p.m., the Respondent,
McReynolds, met the Petitioner at Buckstown Pike, Frederick, Maryland, to deliver the minor
child to the Petitioner, Andrea Nelson. Mr. McReynolds had been consuming alcohol and was
visibly intoxicated having just transported the child from Waldorf, Charles County, Maryland to
Frederick, Maryland.
6.
The Petitioner called the Maryland State Police and shortly thereafter the Respondent was
arrested and faces the following charges:
a. DUI and DWI while transporting a minor;
b. Negligent Reckless Driving
In addition Mr. McReynolds had a bottle of gin on the passenger side of his vehicle when he was
arrested by the Maryland State Police.
7.
The actions of the Respondent, Malcolm T. McReynolds, are in direct violation of
Paragraph Seven (7) of the Order of Court and placed the minor child in extreme danger the
evening of November 9, 2009.
3
8.
Since the minor child needs to be transported by the Respondent in order to implement
the custody, Petitioner seeks a temporary suspension of the periods of physical custody until this
matter is addressed by the Court. If the parties are able to arrange periods of temporary physical
custody in Cumberland County, Pennsylvania, there may be physical custody by the Respondent
with the condition that he not consume alcohol or illegal drugs during the period of temporary
custody.
WHEREFORE the Petitioner, Andrea Nelson, seeks the attached Order of Court be
signed by the Court and the issue be addressed at the hearing set for December 9, 2009 at 9:30
a.m.
Respectfully submitted,
IRWIN & McJAIGHT, P.C.
By:
Marcus
60 Wes( Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I. D. No. 25476
Dated: November 12, 2009
4
VERIFICATION
The foregoing Petition for Contempt is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
AN REA NELSON
Date: November J4, 2009
MALCOM T. MCREYNOLDS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-0708 CIVIL
V.
ANDREA NELSON,
Defendant CIVIL ACTION - CUSTODY
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 29cn day of October, 2008, after hearing in this matter,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Legal Custody: The parties, Malcolm T. McReynolds and Andrea N. Nelson, shall
have shared legal custody of the minor child, Khaliese I. McReynolds, born
June 28, 2003. Each parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the child's general well-being
including, but not limited to, all decisions regarding her health, education and religion. Pursuant
to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to, medical, dental, religious or school records
(to include report cards), and the residence address of the child and of the other parent. Each
parent shall keep the other informed of any changes to the child's medication schedule and of
all doctor appointments. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent. All decisions affecting the child's growth and development including, but not
limited to choice of child care provider; medical and dental treatment; psychotherapy, or like
treatment; decisions relating to actual or potential litigation involving the child directly or as a
beneficiary, other than custody litigation; education, both secular and religious; scholastic
athletic pursuits and other extracurricular activities; shall be considered major decisions and
EXHIBIT "A"
shall be made with the parents jointly, after discussion and consultation with each other and with
a view toward obtaining and following a harmonious policy in the child's best interest.
2. Physical Custody.
A. School Year: The Mother shall have primary physical custody of the child
during the school year subject to the Father's right of partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) At such other times as the parties agree. (For example, Parties should agree
to let Mother have custody, or trade weekends when Father is unavailable during his weekend
because of his work schedule.)
B. Summer: Father shall have primary physical custody of the child during the
summer school recess from the first Monday after school lets out until 4 days before school
begins. Regardless of the alternating weekend schedule, Mother shall have custody of the child
on the weekend prior to the Monday which begins the Father's summer custodial period.
Additionally, during the summer, Mother shall have right to partial custody as follows:
(i) Alternating weekends from Friday at 7:00 p.m. until Sunday at
7:00 p.m.
(ii) Mother shall be entitled to one uninterrupted week in the summer for vacation
provided it coincides with her custodial weekend period and that she give the Father advance
notice of this vacation period on or before May 15 each year, along with travel itinerary, cell
phone numbers for emergency communication, and the names of any travel companions of the
Mother who will be accompanying the child.
(iii) At such other times as the parties agree.
C. Holidays:
(i) Thanksgiving - The Thanksgiving Holiday will run from Wednesday at 7:00
p.m. until Sunday at 7:00 p.m. Mother shall have custody of the child for Thanksgiving in even
2
numbered years. The Father shall have custody of the child for Thanksgiving in odd numbered
years.
(ii) Christmas/New Years - In 2008, the Christmas/New Years holiday shall be
divided into Segment A which shall run from December 19, 2008 at 7:00 p.m. through
December 27, 2008, at 7:00 p.m. and Segment B which shall run from December 27, 2008, at
7:00 p.m. through January 4, 2009, at 7:00 p.m. In even numbered years, Father shall have
custody of the child for Segment A and Mother shall have custody for Segment B. In odd
numbered years, Father shall have custody of the child for Segment B and Mother shall have
custody during Segment A. In subsequent years, if no agreement can be reached, the Parties
shall examine the school schedule and submit proposals to the Court on or before October 1 of
each year.
(iii) Easter - In odd numbered years, Father shall have custody of the child from
7:00 p.m. the day before the first day of the public school holiday recess until 7:00 p.m. on the
last day of the public school holiday recess. Mother shall have custody in the even numbered
years.
(iv) Other Holidays: The following schedule shall supersede the regular weekend
schedule:
HOLIDAYS AND TIMES ODD EVEN
SPECIAL DAYS YEARS YEARS
Martin Luther King From 7:00 p.m. on Friday until 7:00 p.m. Father Mother
Day Monday
Presidents' Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
3
Memorial Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
Independence Day From 7:00 p.m. the evening before the Father Mother
holiday to 7:00 p.m. the day of holiday
Labor Day From 7:00 p.m. on Friday until 7:00 p.m. Mother Father
Monday
Columbus Day From 7:00 p.m. on Friday until 7:00 p.m. Father Mother
Monday
Mother's Day From 7:00 p.m. the evening before the Mother Mother
holiday to 7:00 p.m. the day of the
holiday
Father's Day From 7:00 p.m. the evening before the Father Father
holiday to 7:00 p.m. the day of the
holiday
3. Corporal Punishment: No corporal punishment shall be administered by any third
party (i.e. boyfriend/girlfriend/significant other etc.). The Parties agree that any corporal
punishment administered to the child will be by use of hand and not supplemented by any other
object to include but not limited to paddle, belt, etc.
4. Transportation: Exchanges of custody shall occur at the Sheetz store located on
Buckeystown Road, Frederick, Maryland, unless otherwise agreed upon by the parties.
5. Nonalienation: Neither parent shall do or say anything, which may estrange the child
from the other parent, injure the opinion of the child as to the other parent or hamper the free
and natural development of the child's love and respect for the other parent.
4
6. Telephonic Contact: Both parents shall have liberal and reasonable telephone
contact with the child while the child is in the custody of the other parent. In the event that either
party has a change in their telephone number or terminate telephone service, they will inform
the other party within 24 hours of the change.
7. Alcohol, Tobacco, or Controlled Substance Usage: Neither party shall consume
alcohol, smoke, or use illegal controlled substances or be under the influence of either when the
child is in their custody nor will the parent allow third parties to smoke, use illegal controlled
substances or consume alcohol in the presence of the child when the child is in the custody of
the parent.
By the Court,
M. L. Ebert, Jr., J.
Galen R. Waltz, Esquire
Attorney for Plaintiff
Marcus McKnight, Esquire
Attorney for Defendant
bas
TRUE COPY FROM RECORU
;n ToOmony whereof, I here unto aet my hm
P8.
Ina the ftof Said rt at car",
RECEIVED This- Q t? air of Y
OCT 3 1. 2908
IRWIN & WKNIGHT
LAW OFFICES
5
MALCOLM T. McREYNOLDS,
PlaintifVRespondent
V.
ANDREA NELSON
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct
copy of the foregoing document upon the person, and in the manner indicated below, which
service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the
same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and
addressed as follows:
Malcolm T. McReynolds
9 Pagnell Circle
Woldorf, Maryland 20602
Galen R. Waltz, Esquire
TURO LAW OFFICES
28 South Pitt Street
Carlisle, PA 17013
IRWIN & McKNIGHT, P.C.
By:
Marcus /A McK? t, III, Esq.
60 Wes omfret Street
Carlisle, PA 17013
717-249-2353
Supreme Court I.D. # 70216
Attorney for the Petitioner
Dated: November 12, 2009
6
G;? ay
Y ?? 0 I` 1ck'?
,V?t- a33 q<
MALCOLM T. McREYNOLDS
Plaintiff,
V.
ANDREA NELSON,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-0708
IN CUSTODY
MOTION FOR CONTINUANCE
AND NOW, comes the Plaintiff, Malcolm T. McReynolds, by and through his
attorneys, Turo Law Offices, who avers as follows:
1. A September 11, 2009 Order of Court scheduled a custody hearing for
December 9, 2009 at 9:30 a.m. before the Honorable M. L. Ebert, Jr.
2. Defendant filed a Petition for Contempt on November 12, 2009.
3. A November 24, 2009 Order of Court consolidated the custody and
contempt matters into the said December 9, 2009 hearing and temporarily altered the
nature of Plaintiff's custody.
4. Plaintiffs counsel, Galen R. Waltz, Esquire, was recently forced to
suddenly suspend his legal practice due to a family emergency.
5. Undersigned counsel has a conflict with said hearing date and further
requires the opportunity to exercise due diligence in familiarizing himself with the case
and acquiring the necessary evidence concerning the contempt matter.
6. Marcus A. McKnight, II, Esquire, attorney for the Defendant, was
contacted and concurs with this Motion for Continuance.
7. The Honorable M. L. Ebert, Jr. is assigned to this case.
WHEREFORE, it is requested that the December 9, 2009 hearing be continued
and rescheduled to another date and time.
Respectfully submitted,
TURO LAW OFFICES
Date: November 25, 2009
r, Esq.
,PA ID #203199
28 S. Pitt Stre
17013
717-245-9688
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Plaintiffs Motion For
Continuance by first class, postage pre-paid and depositing same in the United States
Mail, first class, postage pre-paid on the Twenty-Fifth day of November, 2009, from
Carlisle, Pennsylvania, addressed as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 W. Pomfret Street
Carlisle, PA 17013
TURO LAW OFFICES
Lori ndrew Sn er, Esq.
2 outh Pitteet
C 17013
717-245-9688
Attorney for Plaintiff
(3F THc ; ''OiARY
2009 NJ`s 25) A; 1 {f - s f
t i
MALCOLM T. McREYNOLDS,
PlaintifVRespondent
V.
ANDREA NELSON
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this th t_ day of November, 2009, upon consideration of the attached
Petition for Contempt, this matter will be addressed at the custody hearing scheduled for
December 9, 2009 at 9:30 a.m. in Courtroom 5 of the Cumberland County Courthouse. Pending
the hearing the periods of temporary custody of the Respondent, Malcolm T. McReynolds, are
suspended unless they occur in Cumberland County, Pennsylvania, as by the agreement of the
parties.
By the Court,
VW, i Uj
M.L. Ebert, Jr., Ju g
,t ' M"a ill
1Yt a.? uw M 4.
le.w C?
S
C ! r- , OT
ARY
2009 NOV 24 Fi` 12: 08
r
.4 j NOV 3 0 200961 y
MALCOLM T. McREYNOLDS
Plaintiff,
vi.
ANDREA NELSON,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-0708
IN CUSTODY
ORDER
AND NOW, this day of , 2009, after review of the Motion
for Continuance, the hearing scheduled for December 9, 2009 at 9:30 a.m. is hereby
CONTINUED and rescheduled to the day of , 2010 , at
3;00 t.m. in Courtroom No.c;k- of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
C.C. ' Xorin Andrew Snyder, Esq.
Marcus A. McKnight, III, Esq.
ceytE.S . 'LIRI CL
X21 zloq
'v`
M. L. E , Jr., J.
FILED-13-s=ick
OF THE PP0T't P\!OTARY
2009 DEC - I PH ??= ? 1
MALCOLM T. McREYNOLDS,
Plaintiff/Respondent
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006-0708 - CIVIL TERM
ca • 1
ANDREA NELSON
Defendant/Petitioner . IN CUSTODY 27
ORDER OF COURT
AND NOW, this ?$ day of January 2010, after a Status Conference of the counsel
with the Court, the following Order of Court is entered in this case:
1. Legal Custody: The parties will have shared legal custody of Khaliese I. McReynolds,
born June 28, 2003, age six.
2. Physical Custody: Primary physical custody of Khaliese I. McReynolds will be with the
mother, Andrea Nelson. Father, Malcolm T. McReynolds, shall enjoy periods of
temporary physical custody of the minor child at times in Cumberland County as the
parties are able to arrange and agree is in the minor child's best interest. It is anticipated
that Father will enjoy at least one (1) weekend per month with Khaliese until further
Order of Court.
3. No Usage of Alcohol, Controlled Substances, and Corporal Punishment: Neither
party shall consume alcohol or use illegal controlled substances or be under the influence
of either when the child is in their custody, use illegal controlled substances, or consume
alcohol in the presence of the child when the child is in the custody of the parent. Neither
parent will allow third parties to use alcohol or controlled substances in the presence of
the child or allow third parties to use corporal punishment on said child.
4. Telephonic Contact: Both parents shall have liberal and reasonable contact with the
child while the child is in the custody of the other parent. In the event that either party
has a change in their telephone number or terminates telephone service, they will inform
the other party within 24 hours of the change.
5. Nonalienation: Neither parent shall do or say anything which may estrange the child
from the other parent, injure the opinion of the child as to the other parent or hamper the
free and natural development of the child's love and respect for the other parent.
6. Prior Orders: The prior Orders of Court dated October 29, 2008 and July 23, 2009, are
hereby vacated.
7. Status Conference: Legal counsel for the parties will hold a Status Conference
scheduled for May 5, 2010 at 9:30 a.m. in Courtroom #2, Cumberland County
Courthouse, Carlisle, Pennsylvania. At that time, the ability of the Father to resume a
more extensive custody schedule will be reviewed together with any other issues
regarding the custody of the minor child, Khaliese I. McReynolds.
By the Court:
M. L. Ebert, Jr., Judge
cc: `-- Marcus A. McKnight, III, Esq.
Attorney For Defendant/Petitioner
-,,Lorin Andrew Snyder, Esq.
Attorney for Plaintiff/Respondent
(20 I."
/Aa s//a
ANDREA NELSON,
Petitioner
V
MALCOLM T. McREYNOLDS,
Respondent
IN RE: CONTEMPT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-0708 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 19th day of August, 2010, after hearing
in the above-captioned matter, the court does find that the
defendant willfully violated the Order of Court of October 29,
2008, in that he did consume alcohol in the presence of the
child. Accordingly, the defendant is directed to pay attorney's
fees in the amount of $700.00. The defendant will pay the sum on
or before the close of business on November 30, 2010.
By the Court,
? Marcus McKnight III
Esquire
F r Andrea Nelson
Malcolm T. McReynolds
3001 Branch Ave.
Temple Hills, MD 20748-1039
I?A\ _?
M. L. Ebert, Jr.,
:mtf
N
TABITHA McCARTNEY,
Plaintiff
V
MARTIN McCARTNEY, IV,
Defendant
IN THE COURT OF COMMON PLEAS OF.
CUMBERLAND COUNTY, PENNSYLVANIA
06-0708 CIVIL TERM
IN CUSTODY
IN RE: PETITION FOR MODIFICATION OF CUSTODY
ORDER OF COURT
AND NOW, this 20th day of August, 2010, this being the
time and place set for a hearing on mother's Petition to Modify
Custody, and after hearing with the child in the case in which he
specified that the current custody arrangement of week on week
off remain in effect, and at the mother's motion then to withdraw
her motion for modification, IT IS HEREBY ORDERED AND DIRECTED
that the Petition for Modification of Custody is deemed withdrawn
By the Court,
,%\"t ?, A\
M. L. Ebert, r., .
./ Karl Rominger, Esquire
For the Plaintiff
Nathan C. Wolf, Esquire
For the Defendant z
R
.mtf
'es ryi,-,Lt LL
8 a.3Ato
MALCOM T. MCREYNOLDS
Plaintiff
V.
ANDREA NELSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-0708 CIVIL
CIVIL ACTION - CUSTODY
ORDER OF COURT
10 Z1
c_
8
N
0
Ln
Ah
AND NOW, this 'Z? day of August 2010, after hearing in this matter,
IT IS HEREBY ORDERED AND DIRECTED that:
1. Legal Custody: The parties, Malcolm T. McReynolds and Andrea N. Nelson,
shall have shared legal custody of the minor child, Khaliese I. McReynolds, born
June 28, 2003. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the child's general
well-being including, but not limited to, all decisions regarding her health, education and
religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all
records and information pertaining to the child including, but not limited to, medical,
dental, religious or school records (to include report cards), and the residence address
of the child and of the other parent. Each parent shall keep the other informed of any
changes to the child's medication schedule and of all doctor appointments. To the
extent one parent has possession of any such records or information, that parent shall
be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent. All decisions affecting the child's growth and development including medical
and dental treatment; psychotherapy, or like treatment; decisions relating to actual or
potential litigation involving the child directly or as a beneficiary, other than custody
litigation; education, both secular and religious; scholastic athletic pursuits and other
extracurricular activities; shall be considered major decisions and shall be made with
the parents jointly, after discussion and consultation with each other and with a view
toward obtaining the following harmonious policy in the child's best interest.
2. Counseling: The Court specifically authorizes the child to undergo therapeutic
counseling at the Stevens Center or similar counseling facility as arranged by the
mother, Andrea Nelson. The parties shall equally share the expense of any payment
not covered by the child's health insurance. Both parents shall be authorized to receive
reports and/or counseling records.
3. Physical Custody:
A. Mother shall have primary physical custody the child.
B. Father shall have periods of temporary physical custody beginning the
weekend of September 3, 2010 from 7:30 p.m. on Friday until 7:30 p.m. on
Sunday. Thereafter, the father shall have temporary physical custody the first
weekend of each month from at 7:30 p.m. on Friday until 7:30 p.m. on Sunday.
C. At other times as the parties can agree is in the best interest of the child.
The parties are encouraged to be flexible regarding times and transportation.
Father's ability to become more flexible may create opportunities for more
frequent periods of custody with the child.
2
4. Holidays:
A. Thanksgiving - The mother shall have custody of the child for
Thanksgiving in odd numbered years. The father will have custody of the minor
child in even numbered years for Thanksgiving from 7:30 p.m. the Wednesday
before Thanksgiving to 7:30 p.m. the Sunday following Thanksgiving.
B. Christmas/New Years - In 2010, the Christmas/New Years holiday shall
be divided in Segment A which shall run from December 23, 2010 at 7:30 p.m.
through December 27, 2010 at 7:30 p.m., and Segment B which shall run from
December 27, 2010 at 7:30 p.m. through January 3, 2011 at 6:00 p.m. In even
numbered years, mother shall have custody of the child for Segment A and father
shall have custody for Segment C. In odd numbered years, mother shall have
custody of the child for Segment B and father shall have custody during
Segment A.
D. Easter - In odd numbered years, father shall custody of the child from 7:30
p.m. the day before the first day of the public school holiday recess until 7:30
p.m. on the last day of the public school holiday recess. Mother shall have
custody in even numbered years.
E. Father's Day - Father shall have custody of the child from 7:30 p.m. the
evening before Father's Day to 7:30 p.m. on Father's Day.
5. Transportation: The parties shall share transportation and agree to meet at
the Sheetz on Buckeystown Pike in Frederick, Maryland.
3
6. Nonalienation: Neither parent shall do or say anything which may estrange the
child from the other parent, injure the opinion of the child as to the other parent or
hamper the free and natural development of the child's love and respect for the other
parent.
7. Telephonic Contact: Both parents shall have liberal and reasonable contact
with the child while the child is in the custody of the other parent. In the event that
either party has a change in their telephone number or terminates telephone service,
they will inform the other party within 24 hours of the change.
8. No Usage of Alcohol, Controlled Substances, and Corporal Punishment:
Neither party shall consume alcohol or use illegal controlled substances or be under the
influence of either when the child is in their custody, use illegal controlled substances, or
consume alcohol in the presence of the child when the child is in the custody of the
parent. Neither parent will allow third parties to use alcohol or controlled substances in
the presence of the child or allow third parties to use corporal punishment on said child.
9. Future Custody: When Father receives his driver's license in 2011, he may
seek additional time with the child. If the parties cannot agree, either party may
schedule a Custody Conciliation Conference before Hubert X. Gilroy, Custody
Conciliator.
By the Court:
1
M. L. Ebert, Jr., Judg 0 4
alcolm T. McReynolds
Plaintiff
Marcus A. McKnight, III, Esq.
Attorney For Defendant
12r-T ,es rr.`,r ,U:,L
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