HomeMy WebLinkAbout02-1475EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. O.'2 -/LIAIS ?lu?L `mil
JENNIFER M. SCHAEFFER, CIVIL ACTION - LAW
Defendant IN CUSTODY/VISITATION
COMPLAINT FOR CUSTODY
1. The plaintiff is Edward E. Tyson (hereinafter "Father"), an
adult individual currently residing at 345 Walnut Street,
Lemoyne, Pennsylvania 17043.
2. The defendant is Jennifer M. Schaeffer (hereinafter
"Mother"), an adult individual currently residing at West
Yale Street, Mount Gretna, Pennsylvania 17064.
3. Father seeks primary physical custody of the following
child:
Name Present Address Date of Birth
Lake E. Tyson 345 Walnut Street March 26, 1997
Lemoyne, PA 17043
The child was not born out of wedlock.
The child is presently in the custody of Father, who
resides at 345 Walnut Street, Lemoyne, Pennsylvania.
During the past five years, the child has resided with the
following persons and at the following addresses:
Name
Address
Dates
Father
Mother 41 Devonshire Square March 1997-
Father's Parents Mechanicsburg, PA 17055 September 1997
MEYERS, DESFOR, SALTZGIVER a BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
Father and Mother 191 Ashford Drive September 1997-
Enola, PA 17025 October 2, 2001
Father 191 Ashford Drive October 2, 2001
Enola, PA 17025 - April 2001
I Father 345 Walnut Street April 2001 to
Lemoyne, PA 17043 present
The mother of the child is Jennifer M. Schaeffer, currently
residing at West Yale Street, Mount Gretna, Pennsylvania 17064.
She is divorced from Father and is currently married to
Gary Schaeffer.
The father of the child is Edward E. Tyson, currently
residing at 345 Walnut Street, Lemoyne, Pennsylvania 17043.
He is divorced.
4. The relationship of plaintiff to the child is that of
Father. The plaintiff currently resides with the following
persons:
Name Relationship
Lake E. Tyson Son
5. The relationship of defendant to the child is that of
Mother. The defendant currently resides with the following
persons:
Name Relationship
Gary Schaeffer Husband
6. Father has participated as a party in other litigation
concerning the custody of the child in another court. A
Complaint for Custody was filed on March 8, 2001 by Mother
3
I' MEYERS, DESFOR, SALTZGIVER d BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
in the Dauphin County Court of Common Pleas, Docket No.
1055-S- 2001. An Order of Court was issued on April 19,
2001 which is attached hereto as Exhibit "A". Both parties
relocated from Dauphin County and the child currently
resides with Father in Cumberland County.
Father has no information of any other custody proceedings
concerning the child pending in a court of this
Commonwealth.
Father does not know of a person not a party to the
proceedings who has physical custody of the child or claims
to have custody or visitation rights with respect to the
child.
17. The best interest and permanent welfare of the children
will be served by granting the relief requested because
Father has been acting as primary physical custodian to the
child since the parties separated on or about October 2001.
The child currently spends 5-6 nights per week with Father.
Father also believes that Mother's home is an unstable
and unhealthy atmosphere for the child.
Further, the child will begin attending school this
Fall. Father wishes the child to attend the West Shore
Area School District which is several blocks from his home.
Mother refuses to cooperate with registering the child in
the West Shore Area, but rather insists she will pick up
the child before school and drive him to attend school in
4
MEYERS, DESFOR, SALTZGIVER a BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
. (717) 236.9428 • FAX (717) 236-2817
Lebanon County, whereby Father will pick him up at the end
of the day so that the child spends the night with Father
in Cumberland County.
Father believes that the West Shore Area School
District is not only more convenient for the child and the
parties, but also provides better educational opportunities
than the schools in Lebanon County.
18. Each parent whose parental rights to the children have not
been terminated and the person who has physical custody of
the children have been named as parties to this action.
WHEREFORE, Plaintiff, Edward E. Tyson, requests the Court
Ito grant him primary physical custody of the child.
5
Catherine A. Boyle, Es
MEYERS, DESFOR, SALTZG?
& BOYLE
Attorney I.D. #76328
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for Plaintiff
MEYERS, DESFOR, SALTZGIVER a BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
Respectfully submitted,
JENNIFER M. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff, DAUPHIN COUNTY, PENNSYLVANIA
NO. 1055-S-2001
V. C i
o
EDWARD E. TYSON, CIVIL ACTION-LAW n
Defendant. CHILD CUSTODY
C;
ORDER OF COURT
AND NOW, this day of2001, a Custody Mediation
Conference having been convened, and the parties having reached an agreement regarding the
best interests of the subject minor child, Lake E. Tyson, born March 26, 1997, IT IS HEREBY
ORDERED AND DECREED as follows:
The parties shall have shared legal custody of the subject minor child. They shall
consult with each other relative to all important decisions concerning the minor child, including
such matters as health, education, and religion.
9. The parties shall have shared physical custody of the minor child pursuant
to the following schedule:
a. During the week, the minor child will be with Plaintiff from 9:00 AM until
5:30 PM from Monday through Friday. Defendant will have the minor child from
5:30 PM until 9:00 AM during the week from Monday through Friday. The
parties agree that two days per week the minor child will be in daycare for half a
day until January 2002, when the minor child will go to daycare for a full day.
b. On alternating weekends, Defendant will have the minor child from Friday at
5:30 PM until Monday at 9:00 AM.
c. On alternating weeks, Plaintiff will be entitled to one overnight visit with the
minor child on Wednesdays until Thursday evening at 5:30 PM.
4. The parties shall alternate the following holidays from 9:00 AM until 7:00 PM
beginning with Defendant in 2001:
• Easter;
• Memorial Day;
• Independence Day;
• Labor Day; and
• Thanksgiving.
9. In even-numbered years, Defendant will have custody of the minor child
from Christmas Eve at noon until Christmas Day at noon and Plaintiff will have custody of the
minor child from Christmas Day at noon until December 26 at noon. In odd-numbered years,
Plaintiff will have custody of the minor child from Christmas Eve at noon until Christmas Day at
noon and Defendant will have custody of the minor child from Christmas Day at noon until
December 26 at noon.
10. Plaintiff shall have custody of the minor child on Mother's Day from 9:00
AM to 7:00 PM and Defendant shall have custody of the minor child on Father's Day from 9:00
AM to 7:00 PM.
7. Both parties shall be entitled to two (2) nonconsecutive one-week periods of
uninterrupted custody of the minor child subject to thirty (30) days written notice to the other
party.
8. In the event there is a conflict between the weekend and holiday schedule, the
holiday schedule shall take precedence and be the binding schedule.
9. The parties will share in the responsibility of transporting the child for
custody changes by picking up the child at the commencement of their custody period.
10. The parties agree to consult the other party when they need a babysitter
prior to asking any third party caregivers.
11. Both parties shall refrain from making derogatory comments about the other party
in the presence of the minor child. The parties shall likewise, assure to the extent possible, that
other household members and guests comply with this prohibition.
12. During any period of custody or visitation, the parties to this Order shall not
possess or use any controlled substance, neither shall they consume alcoholic beverages to the
point of intoxication. The parties shall likewise assure, to the extent possible, that other
household members and guests comply with this prohibition.
BY THE COURT:
7.
JUN U 7 2001
hereby cent; y t!nt the "
true aind corrscl copy
fled.
PI-41t ado ..
VERIFICATION
I, Edward E. Tyson , verify that the
statements made in this Complaint for Custody
are true and correct to the be
of my knowledge, information and belief. I understand that fa
statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to
authorities.
Dated: March 22. 2002
( X) Plaintiff
( ) Defendant
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX(717)236-2817
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EDWARD E. TYSON IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 02-1475 CIVIL ACTION LAW
JENNIFER M. SCHAEFFER
DEFENDANT IN CUSTODY
AND NOW, Tuesday, April 02, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street Lemoyne, PA 17043 on _ Monday, May 06, 2002 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/_ Melissa A. C?rvaveyc
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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MAY 1 3 2002
EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 02-1475 CIVIL TERM
V.
CIVIL ACTION - LAW
JENNIFER M. SCHAEFFER, IN CUSTODY
Defendant
INTERIM ORDER OF COURT
AND NOW, this / Vt4 day of May, 2002, upon consideration of the attached
Custody Conciliation Summary Report, pursuant to agreement of the parties, it is hereby
ordered and directed as follows:
1. The terms of the Dauphin County Order of April 19, 2001 shall remain in full
force and effect.
2. No later than May 10, 2002, each party shall contact the office of Guidance
Associates to schedule mediation with Dr. Stanley Schneider. Costs of the mediation shall
be borne equally by the parties. The purpose of the mediation shall be to assist the parties
in reaching an agreement as to the choice of school district and modify the existing
custodial plan as needed.
3. A hearing is scheduled in Courtroom Number L/ of the Cumberland County
Courthouse, on the J.5-44 day of August, 2002, at /,' 3 o o'clock /,O.M., at which
time testimony will be taken. For the purposes of the hearing, the Father, Edward E. Tyson,
shall be deemed to be the moving party and shall proceed initially with testimony. Counsel
for the parties or the parties pro se shall file with the Court and opposing counsel/party a
memorandum setting forth each party's position on custody, a list of witnesses who are
expected to testify at the hearing, and a summary of the anticipated testimony of each
witness. These memoranda shall be filed at least ten days prior to the hearing date.
Dist: Catherine A. Boyle, Esquire, P.O. Box 1062, Harrisburg, PA 17108 „
Mary H. Burchik, Esquire, 525 S. Eighth Street, Lebanon, PA 17042 R'YAC)LI
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MAY 1 3 2002
EDWARD E. TYSON,
Plaintiff
V.
JENNIFER M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Lake E. Tyson March 26, 1997 Father
2. A Custody Conciliation Conference was held on May 6, 2002 pursuant to a
Complaint for Custody filed by Father on March 26, 2002. Father filed seeking modification
of the most recent Custody Order from Dauphin County, Pennsylvania dated April 19, 2001,
Docket No. 1055-S-2001. Present for the conference were the Father, Edward E. Tyson,
and his counsel, Catherine A. Boyle, Esquire; the Mother, Jennifer M. Schaeffer, appeared
at the conference approximately one-half hour late. However, participating at the
conference by telephone was her current counsel, Mary Burchik, Esquire.
3. Father's position on custody is centered around the upcoming school year and
the parties' desire to enroll the child in public school Kindergarten. Inasmuch as the child is
participating in an arrangement whereby the parties share the physical time with the child
which provides that Father has the child most overnights, Father would prefer that the child
attend public school at Washington Heights Elementary School in the West Shore School
District. Father expresses concern that Mother has surreptitiously registered the child for
school in the Cornwall-Lebanon School District. Father asserts that the West Shore School
District is more convenient for the child and provides better educational opportunities than
the school district where Mother resides. He has proposed a modification to the present
Order which would provide Mother with additional physical custody time during the summers
and school breaks and continues her frequent, almost daily, contact with the child around
the time of the scheduling of his Kindergarten attendance. The Conciliator has been
informed that it may be that the parents could request a specific assignment to morning
NO. 02-1475 CIVIL TERM
Kindergarten from the West Shore School District by contact with the building principal, Ms.
Rundle. Father presently resides in Lemoyne and is in a position which allows him to work
from his home. However, approximately one (1) day a week he is required to go to West
Chester for business meetings. Father has expressed concern about the safety if the child
were to be at the coffee shop which Mother owns with her new husband. He states that the
children's room has an outside exit which would not be visible to adults working in the coffee
shop. Additionally, he generally objects to the child being taken by Mother to work for four
to five hour periods.
4. Mother's position on the Petition is as follows: Mother would like the child to
attend public school at Cornwall Elementary School in the school district where she resides.
She would propose to keep the schedule as it presently exists the same. She is presently
pregnant expecting another child on or about July 31, 2002. Her husband presently is not
able to work due to an accident which occurred in February 2002. Therefore, she has been
putting in extensive additional hours at their coffee shop business. At the Conciliation
Conference, Mother proposed that a modification of the custodial schedule be put in place
whereby the child would reside with her and attend the school district where she resides.
She proposes that when the child is not in school that she would have him with her at work.
She states that the coffee shop has a children's room available for him to play while she
would be at work.
5. The parties agree that the present schedule has Mother having custody on
alternating weekends from Friday through Monday when Father gets off work, and, on the
off week each Wednesday overnight. During the day, the child is frequently with Mother.
However, Father alleges that Mother is frequently late in picking the child up and that she
sometimes does not come to get the child at all. Circumstances with the schedule have
changed from the present Custody Order by the consent of both parties, while they attempt
to jointly share the child care and parenting responsibilities and coordinate that around their
respective schedules. There is presently an approximately 45 minute commute between the
parents' homes.
6. The parties did not reach an agreement with regard to which school district the
child would attend this fall or to a modification of the Order. However, the parties did agree
to participate in mediation and to the scheduling of a hearing in the event that the matter is
not resolved through mediation. The hearing should be scheduled for August 2002,
preferably during the week of August 12th or August 19th. weeks are preferred
because Mother is presently expecting and her due date is y 31, 002. It is anticipated
that scho will start in the West Shore School District on A gust 26, 02.
Date M issa Peel Greevy, Esquire
Custody Conciliator
:158022
I EDWARD E. TYSON,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475
JENNIFER M. SCHAEFFER, CIVIL ACTION - LAW
Defendant IN CUSTODY/VISITATION
ACCEPTANCE OF SERVICE
OF COMPLAINT FOR CUSTODY
I, Max J. Smith, Jr., Esquire, counsel for Jennifer M.
Schaeffer, Defendant in the above-captioned matter, certify
acceptance of service on behalf of Jennifer M. Schaeffer of a
copy of the Complaint For Custody filed by Plaintiff March 26,
2002 and that I am authorized to do so.
IDate : J(Arc k uoI-
2&"
Max J. Smith, .
James Smith Durkin & Connelly LLP
P.O. Box 650
Hershey, PA 17033
Attorney I . D . # 32()4
Counsel for Defendant
I? MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
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EDWARD E. TYSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475
vs.
JENNIFER M. SCHAEFFER, : CIVIL ACTION - LAW
Defendant : CUSTODY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Max J. Smith, Jr., Esquire, as counsel for Jennifer M.
Schaeffer, Defendant in the above-captioned matter.
Date: June 2-1 , 2002
Max J. Smith, Jr., Es e
I.D. No. 32114
Jarad W. Handelman, Esquire
I.D. No. 82629
James, Smith, Durkin & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
C)
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Ji I?
EDWARD E. TYSON, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475
VS.
JENNIFER M. SCHAEFFER, : CIVIL ACTION - LAW
Defendant : CUSTODY
MOTION FOR CONTINUANCE
AND NOW comes the Defendant, Jennifer M. Schaeffer, by her attorney, Max J. Smith,
Jr., Esquire, and respectfully states as follows:
1. On May 6, 2002, a custody conciliation conference was held before Melissa Peel
Crreevy, a result of which a hearing has been scheduled before the Honorable Kevin A. Hess on
August 15, 2002 at 1:30 p.m.
2. Because Defendant's attorney will be on vacation during the entire week of the
scheduled hearing, it is respectfully requested that this hearing be continued.
3. Counsel for Plaintiff, Catherine A. Boyle, Esquire, does not object to this matter
being continued, if the hearing can be rescheduled to an earlier date.
4. This is the first request for continuance made by either party.
WHEREFORE, Defendant respectfully requests that the aforesaid custody hearing be
continued to July 26, 2002 at 9:00 o'clock a.m.
Date: June -) , 2002
Respectfully submitted,
MAX J. SMITH, JR., quire
I.D. No. 32114
James, Smith, Durkin & Connelly u2
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS
EDWARD E. TYS Plaintiff ON, CUMBERLAND
NO. 02-1475
vs.
CIVIL ACTION -LAW
JENNIFER M. SCHAE?R, :CUSTODY
Defendant
CERTIFICATE OF SERVICE
J SMITH, ?g•, Esquire, Attorney for
AND NOW, the _J- day of June, 2002, I, MAX de p
I have this day sent a copy of Motion for Continuance by p
Defendant, hereby certify Pennsyl-
vania, a certified copy of the same in the United States mail, postage prepaid, at Hershey,
addressed to:
Meyers, Desfor, Saltzgiver & Boyle
Attn: Catherine A. Boyle, Esquire
410 North Second Street
p.O. Box 1062
Harrisburg, PA 17108
MAX J. SMITH, Esquire
I.D. No. 32114
JARADW. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Durkin & Connelly LLP
p.O. Box 650
Hershey, PA 17033
(717) 533-3280
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EDWARD E. TYSON,
Plaintiff
VS.
JEI NVWERM.DSeCHa ?R,
IN TIIE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-1475
CIVIL- ACTION - LAW
CUSTODY
OEPIER
2002, upon presentation and
AND NOW, this / day of
RED and DECREED that the custody
consideration of the within Motion, it is treby?OR?D sh
all be continued until the 26th day of July,
for August 15, 2002 at 1:30 p•m lva-
hearing scheduled County Courthouse, Carlisle, Pennsy
2002 at 9:00 o'clock A.M. in Courtroom 4, Cumberland
nia.
By THE COURT:
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h'li?! 'Pt E ST43d
EDWARD E. TYSON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. 02-1475 CIVIL
JENNIFER M. SCHAEFFER, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ORDER
AND NOW, this 2V day of July, 2002, continued hearing in the above captioned
matter is set for Monday, August 5, 2002, at 1:30 p.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, PA.
BY THE COURT,
Catherine A. Boyle, Esquire
For the Plaintiff
Max Smith, Esquire
For the Defendant
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EDWARD E. TYSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 02-1475
JENNIFER M. SCHAEFFER, : CIVIL ACTION - LAW
Defendant : JURY TRIAL DEMANDED
INTERIM ORDER OF COURT
AND NOW, this IS' W day of August, 2002, after conference with counsel, it is hereby
Ordered and Decreed as follows:
To the extent possible, the parties shall maintain the status quo regarding physical
and legal custody of their minor child, Lake, pursuant to the Dauphin County Court Order dated
April 19, 2001, pending a complete custody evaluation. Lake shall commence school at the
beginning of academic year 2002-03 in the West Shore School District. Father shall be
responsible for getting the child to and from school during his periods of custody. Thereafter,
Mother may pick up the child at school and complete her period of custody pursuant to the
Dauphin County Court Order.
2. The parties further agree to participate in a custody evaluation, the cost thereof to
be divided equally by the parties.
3. The hearing which had been set for August 5, 2002 at 1:30 p.m. is continued
generally.
4. The parties will agree upon a custody evaluator no later than August 9, 2002.
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5. Upon completion of the custody evaluation process, either party has the right to
reschedule the custody hearing by filing a Motion with the court.
BY THE COURT:
L6•
IYle?erZs, Je .
KE A. HESS, J.
EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 02-1475 CIVIL TERM
JENNIFER M. SCHAEFFER,
Defendant IN CUSTODY
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE
KEVIN A. HESS, J., Cumberland County
Courthouse, Carlisle, Pennsylvania, on July
26, 2002, in Courtroom Number Four.
APPEARANCES:
Max Smith, Esquire
For the Defendant
Catherine A. Boyle, Esquire
For the Defendant
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INDEX TO WITNESSES
FOR THE PLAINTIFF DIRECT
Edward E. Tyson
CROSS REDIRECT RECROSS
48 77 FOR THE DEFENDANT
Jennifer M. Schaeffer 80
136
2
INDEX TO EXHIBITS
FOR THE PLAINTIFF IDENTIFIED
Ex. No. 1 - calendar 16
Ex. No. 2 - photographs 29
Ex. No. 3 - West Shore School
calendar 38
FOR THE DEFENDANT
Ex. No. 1 - photographs 90
3
1 THE COURT: Good morning. I've read the
2 memos of the parties, and I think I understand the issue.
3 Is the plaintiff ready to go?
4 MS. BOYLE: Yes, sir, we are.
5 THE COURT: Go ahead.
6 MR. SMITH: Your Honor, Max Smith on behalf
7 of Jennifer Schaeffer. Just one preliminary matter.
8 THE COURT: Certainly.
9 MR. SMITH: Well, two actually. One, we
10 would ask that the witnesses be sequestered, and two, there
11 is a witness not contained on our pretrial memorandum, Jim
12 Pulchinski (phonetic), who's really pitch hitting for Robin
13 Stanaway, the fourth witness listed, and I understand
14 there's an objection to that witness testifying.
15 THE COURT: What was the subject matter of
16 the testimony?
17 MR. SMITH: Well, the subject matter, Mr.
18 Pulchinski is a member of the Lebanon Arts Council, and he
19 would testify in rebuttal to allegations made in the
20 Plaintiff's memo about the stepfather, Gary Schaeffer, and
21 he also would offer testimony about Gary's reputation in
22 the community, as well as the reputation of the Cornwall
23 Lebanon School District, about which there have been some
24 allegations made in the Plaintiff's memorandum as well.
25 THE COURT: Okay. He's simply substituting
4
1 for a witness you've already identified who's proposed to
2 testify to the same matter?
3 MR. SMITH: Precisely.
4 THE COURT: Okay.
5 MS. BOYLE: Your Honor, I just learned
6 about Mr. Pulchiniski testifying late yesterday afternoon,
7 and, in fact, didn't know he was a member of the Lebanon
8 Arts Council until this very moment or what the subject of
9 his testimony would be.
10 If you'll recall, there was an order issued
11 in mid May 2002, requiring the parties to submit witness
12 lists. I even accommodated Mr. Smith's office by
13 rescheduling this and submitting our witness lists at the
14 appropriate time, and now I'm being asked to accommodate
15 changes in the witness lists that were due quite sometime
16 ago, even momentarily, because I did not know the subject
17 of his testimony.
1
18 THE COURT: I'll be very sensitive to any
19 real prejudice that might result.
20 MS. BOYLE: Thank you, Your Honor.
21 THE COURT: Go ahead.
22 MR. SMITH: Thank you, Your Honor. We
23 would have a motion at this time to sequester the
24 witnesses.
25 THE COURT: All right. Any objection to
5
1 that?
2 MS. BOYLE: No, sir.
3 THE COURT: Okay.
4 MR. SMITH: Your Honor, with respect to Mr.
5 Pulchinski too, we may need to take him out of turn
6 depending on how --
7 THE COURT: Well, I thought he was going to
8 rebut something. There's really no sense even hearing his
9 testimony unless I've heard something you need to rebut.
10 MR. SMITH: That is part of what he was
11 going to testify to. He is going to testify about
12 Mr. Schaeffer's reputation in the community, and about the
13 quality of the Lebanon -- the Cornwall Lebanon School
14 District.
15 THE COURT: And those were the subject
16 matters of the witness that you had originally listed?
17 MR. SMITH: That's correct, yeah, about Mr.
18 Schaeffer's reputation.
19 MS. BOYLE: Well, Your Honor, that's
20 actually not what was listed. It was listed that the
21 witness from the Lebanon Arts Council would testify to Mr.
22 Schaeffer's reputation and/or business dealings. It seems
23 to me that if this witness is being offered as rebuttal
24 only, I think you would need to hear my side of the case
25 before you would know whether you need a rebuttal witness
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at all.
ahead.
THE COURT: I think so
Absolutely. Go
MS. BOYLE: Thank you, Your Honor. I would
like to call Edward Tyson.
Whereupon,
EDWARD TYSON
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. BOYLE:
Q Would you state your full name and address,
please?
A Edward E. Tyson, 345 Walnut Street, Lemoyne,
Pennsylvania, 17043.
Q And that's located in Cumberland County?
A It is.
Q And what's your relationship to Jennifer
Schaeffer?
A Jennifer and I were married on October 12,
1996.
Q
is his name?
A
Q
A
And do you have a child together, and what
We do. His name is Lake Edward Tyson.
And his date of birth?
Is 3/26/97.
7
1 Q And how long were you and Ms. Schaeffer
2 married?
3 A We were married for just shy of five years.
4 Q When did you separate?
5 A We separated on October 2 of 2000.
6 Q What were the circumstances leading to your
7 separation?
8 A My wife was having a relationship with
9 someone outside of the marriage.
10 Q An extramarital relationship?
it A Yes.
12 Q And who was that with?
13 A Mr. Schaeffer.
14 Q And how did you learn about the affair?
15 A There were several clues within our
16 relationship in the months leading up to October the 2nd,
17 the last of which was a weekend where Mrs. Schaeffer, my
18 ex-wife, went to Virginia Beach, and at the same time Mr.
19 Schaeffer was missing, which was fairly evident because
20 he's my parent 's -- he was my parent's next door neighbor.
21 Q And you ultimately confronted Mrs.
22 Schaeffer, and she acknowledged it?
23 MR. SMITH: Objection, leading.
24 THE COURT: We're not trying a divorce
25 case. I want to find out about this kid and which one of
8
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these folks is a better parent
She apparently had an affair.
marriage.
BY MS. BOYLE:
I know they separated.
That was the end of the
Q And when were you divorced?
A We were divorced in August of 2001.
Q And are you remarried?
A I am not.
Q And do you recall when Mrs. Schaeffer
remarried?
A I don't recall the date, but it was one week
after my divorce.
Q At the time that you and Ms. Schaeffer
separated, did you agree where Lake would reside?
A We did.
Q And where was that?
A With me.
Q Where did you reside at that time?
A I resided in Enola, also in Cumberland
County.
Q
A
Association.
Q
A
And where were you employed at that time?
With the Pennsylvania Health Care
When did you relocate from Enola to Lemoyne?
In April of 2001.
9
1 Q
2 A
3 Q
4 A
5 Q
6 A
7 Q
8 Ms. Schaeffer
9 A
10 Q
11 knowledge?
Did you purchase your home?
I did.
And you've been there ever since?
I have.
Did Lake make a move with you?
He did.
And at the time you bought your house, was
already living in Mount Gretna?
Yes.
How long had she been living there, to your
12 A I guess it really depends on, by her
13 omission or by actual -- in our conciliation hearing in
14 April I believe that it was her statement -- April of 2001,
15 it was her statement that she was not living there. Two
16 weeks after she said that she was. Something to that
17 effect.
18 Q Is it your belief that she moved in there
19 right around the time that the two of you separated,
20 October of 2000?
21 A Within about a month of that time it became
22 pretty much her primary residence.
23 Q And you've also changed jobs?
24 A I have.
25 Q When was that?
10
1 A September 4 of 2001.
2 Q And where are you working now?
3 A With Genesis Hospitality Services.
4 Q What's your position?
5 A I'm an Internal Organizational Development
6 and Educationa l Specialist.
7 Q And what's your educational background?
8 A I have a Master's degree in Education and
9 organizational Development.
10 Q Where is your office located?
11 A In my home.
12 Q And what are your work hours?
13 A I work primarily from 9 to 5.
14 Q Do you ever have to travel with your job?
15 A I do.
16 Q Can you explain that to the Court, please?
17 A Certainly. I also maintain an office in
18 Kennett Square, Pennsylvania, which is approximately 1 1/2
19 hours from here. I maintain that office because our
20 corporate headquarters is there. There are approximately
21 five employees from my company. We are a small company
22 within a larger corporation, and I need to go there
23 periodically in order to meet with the president of the
24 company.
25 Q And what is the typical arrangement with
11
1 respect to your travel to Kennett Square?
2 A It's now down to about once a week.
3 Q What day is that?
4 A Typically Tuesdays.
5 Q And how would you describe your -- how your
6 employer is towards your responsibilities with the child?
7 A He's incredibly supportive, and, in fact,
8 just called me about an hour ago to wish me luck.
9 Q What's the amount of vacation time each year
10 you have?
11 A Three weeks.
12 Q At the time that you and Ms. Schaeffer
13 separated, did you agree on a custody arrangement?
14 A We did.
15 Q And what was that?
16 A At that time Lake was spending his week
17 nights with me and one to two weekends -- weekend nights
18 with my ex-w ife.
19 Q And --
20 A I'm sorry. Pardon me. He was also
21 spending the day with my wife while I was at work.
22 Q And you said you attended a conciliation in
23 April of 2001. Do you recall that?
24 A I did, in deed.
25 Q And did you agree upon a custody arrangement
12
1 at that time?
2 A We did.
3 Q And what is that?
4 A That was for 10 out of 14 nights Lake would
5 be with -- in my home overnight. That left four days
6 where he was overnight with his mother, which was every
7 other weekend and every other Wednesday, and in addition to
8 that Lake also spent time with his mother while I was
9 working.
10 Q Did you or Ms. Schaeffer file anything to
11 modify the April 2001 order before now?
12 A Not until this March.
13 Q And why did you file your current claim?
14 A Because we were unable to come to any
15 reasonable conclusion about where Lake should attend
16 school.
17 Q And what's your position about where he
18 should attend school?
19 A I believe it would be beneficial to him to
20 attend school in the West Shore School District, which is
21 the school district that I live in, and the primary -- the
22 elementary school he would attend is two blocks from my
23 home as well as the middle school.
24 Q Was that a consideration when you purchased
25 your home?
13
1 A Absolutely. In fact, the home was for sale
2 for about a year, which included the time that my ex-wife
3 and I were looking, and at that time we didn't -- we
4 weren't sure we wanted to purchase that home for a number
5 of reasons, but once it became just my wife -- or just my
6 son and I, it became a great choice because of it's
7 location and it's spot in the community that it's in.
8 Q And under the current order, on average, how
9 many school days would Lake wake up at your home?
10 A Four out of five.
11 Q You and Ms. Schaeffer have been following
12 this agreed upon order until now?
13 A Primarily, with small exceptions that
14 included -- once I began working from home, which although
15 I began this job that I'm in now in September of 2001, I
16 really did not begin to have significant time working from
17 home because I had to substantiate relationships, et
18 cetera, in about January, and when that began my son began
19 to spend a significant portion of his mornings with me,
20 which was counter to the original agreement.
21 Q How is that different from the original
22 agreement?
23 A Jen was to pick Lake up at 9:00 in the
24 morning, and I was to pick him up at 5:30.
25 Q And that didn't occur?
14
1
A No.
2 Q In what way was it different?
3 A Typically the pattern was I would get a call
4 at 10 to 10:30 to let me know when she might be coming.
5 Frequently that would change several times throughout the
6 day, and --
7 Q What do you mean by that?
8 A I would get a call at 11 saying, well, I'll
9 be there in 45 minutes and then I get a call at noon saying
10 we had a heavy lunch hour so I'll be by at 1:30 or
11 something like that.
12 Q And were there times when she would call and
13 say she couldn 't come at all?
14 A Absolutely.
15 Q Was this -- well, let me back up. When she
16 would call and say that she would be late or not coming at
17 all, did you keep Lake?
18 A Yes.
19 Q Was this a problem before you changed jobs?
20 A Well, not in the same way and with the same
21 frequency, but I was frequently made late for my previous
22 job because of Jen's tardiness.
23 Q And how did you address the problem at that
24 point?
25 A Well, we spoke about it several times, but
15
1 it pretty much continued until my departure from that job.
2 Q Did you also participate in the
3 transportation?
4 A Yes. Actually until the conciliation
5 hearing in April, I did all of the transportation both ways
6 except for on the weekends Jen would come and pick Lake up
7 when she -- on a Saturday when it was her weekend.
8 Q And is this a concern that this may become
9 an issue when you travel on Tuesdays?
10 A Absolutely.
11 Q And how have you addressed that issue?
12 A I drop Lake off on Tuesdays when I have to
13 go into the office to insure that I can control the time.
14 MS. BOYLE: May I approach the witness?
15 THE COURT: Certainly.
16 (Whereupon, Plaintiff's Exhibit 1 was marked
17 for identification.)
18 BY MS. BOYLE:
19 Q I'm showing you what's been marked
20 Plaintiff's Exhibit Number 1. Could you identify that,
21 please?
22 A Sure. This is a calendar that I created in
23 order to depict the days -- the school days that Lake wakes
24 up in my home, and that's indicated by a blue X. A red
25 circle indicates a day where I was either, in the case of
16
1 the time between -- the time of my old appointment, which
2 would have been from April of 2000 to September of 2001,
3 times which I was made late for work or had to bring my son
4 to work, and after September of 2001, it indicates times
5 where either I was dropping my son off in the morning
6 because I had to go to the office very frequently in the
7 first couple of months in order to establish relationships,
8 and they were not where they said they would be. For
9 instance, I would say where are you going to be at 7:30,
10 and they would say we were going to be at the cafe.
11 Q Who's they?
12 A They being Mrs. Schaeffer and Mr. Schaeffer.
13 And what was said is that, well, we will be at the cafe,
14 and I would come there at 7:30 or slightly before and have
15 to wait 15 to 20 minutes sometimes for them to arrive,
16 which since my journey is an hour and a half was
17 significant, and other times it's indicating anywhere from
18 -- no time is indicated here if they were five or ten
19 minutes late. This is all fifteen plus minutes late.
20 Many of the times which indicate, you know, times where Jen
21 may have arrived not until 2:00.
22 Q Okay. So the dates of this calendar run
23 from the time you separated, October 2000, until the
24 current date?
25 A They do.
17
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Q And I notice --
A Oh, I'm sorry. Pardon me. Did you say
October?
Q Yes.
A They do not. These run. The calendars
that I have in front of me -- oh, I'm sorry, yes. Yes,
they do.
Q And I noticed there are no red circles
indicating the lateness from October 2000 to March 2001.
Does this reflect the time period in which you indicated
you were doing the travel?
A Yes. During that time I was dropping off
my son in the morning at Jen's grandmother's house where
she was driving in the morning from Mount Gretna.
Q And could you turn to April 2001, please?
A Certainly.
Q Do you have it?
A I do.
Q And your custody conciliation in Dauphin
County occurred on April 3, 2001?
A It did.
Q And I see from the calendar you have here
that Lake was at your house in the morning 16 out of -- 16
school days?
A Let's see, yeah. There were 16 school days
18
1 he was there, 2 that he was not.
2 Q And Ms. Schaeffer was late 9 of those 16
3 days that she was scheduled to pick up the child?
4 A She was.
5 Q And I see that you did not put in your
6 weekend time, but you also have weekend time with the
7 child?
8 A That's correct. This graphical
9 representation is really just to mark days in which Lake
10 wakes up that it would be a school day, that he wakes up
11 with me.
12 Q When did your conciliation take place in
13 Cumberland County?
14 A It took place in May of this year, May of
15 2002.
16 Q Could you turn to May of 2002, please?
17 A Sure.
18 Q And did it occur on May 6th, 2002?
19 A Yes, I believe that is the date.
20 Q Was Ms. Schaeffer on time for the
21 conciliation?
22 A She was not.
23 Q And --
24 A She was about a half hour late, as I recall.
25 Q I see that in May 2002, that the week after
19
1 the conciliation there was a week that Lake spent vacation
2 with his mother. Is that a regular occurrence?
3 A No. During the conciliation the
4 conciliator pressed Jen to take some time with Lake prior
5 to the birth of her child.
6 Q Has she exercised her vacation time at all
7 with Lake prior to this date?
8 A That was actually the first time she took
9 vacation over the last two years, approximately two years.
10 Q Now, I noticed that there are -- have you
11 noticed a change in Ms. Schaeffer's behavior regarding
12 picking up the child since your Cumberland County
13 conciliation?
14 A Absolutely. She has been -- since that
15 time where she was given a pretty hard time by the
16 conciliator, she has been at or near on time, never
17 arriving after 10, which was very unusual. Most of the
18 circles -- and there are some circles there, but they
19 indicate times where she was maybe 30 minutes late. Prior
20 to that most of the circles indicate times where she was
21 more than one hour late.
22 Q Now, when Ms. Schaeffer is going to be late,
23 how is it that you learn about that?
24 A Typically sometime between ten minutes
25 before she's to be there I'll get a phone call that will
20
1 tell me that she is going to be, you know, 45 minutes, an
2 hour, and sometimes those calls repeat themselves until she
3 finally does arrive several times.
4 Q And what's her explanation for being so
5 late?
6 A Sometimes, you know, oddly enough they're
7 things as simple as I slept in. Other times it's I'm at
8 the Grateful Bean, the cafe that she and her current
9 husband own. Other times I'm just simply not given an
10 explanation.
11 Q Do you have any belief as to what Ms.
12 Schaeffer's work hours are?
13 A They are very sporadic. It's kind of hard
14 for either she or I to ever know.
15 Q Are they -- do they seem to be extensive?
16 A They do.
17 Q When she works and has Lake, where is Lake?
18 A He's typically at the cafe, although
19 sometimes there are exceptions where he may be -- for
20 instance yesterday he was with his grandmother.
21 Q And do you have concerns about Lake being
22 with Ms. Schaeffer while she's working at the Grateful
23 Bean?
24 A I do.
25 Q Could you explain those, please?
21
1 A Sure. The layout of the Grateful Bean is
2 similar to a piece of paper. It's approximately -- really
3 I'm making a guess here -- 30 yards long. At the far end
4 of that is the children's room that jets off almost making
5 an L. That room is also about 5 steps down, and contains
6 a chair -- a chair rail height wall similar to this but
7 about another foot taller encasing it, except for where the
8 stairs are.
9 As a result, anyone working there behind the
10 counter, the only way they can see anyone even in the
11 children's room, which has it's own exit, is to walk the
12 whole way to the far end of the counter, the other side of
13 which the cash register's located on, and to lean over and
14 physically look around the corner and look down.
15 As well, a majority of the tables are in
16 this area, which are completely blocked off from view. So
17 anyone serving food or standing behind the counter waiting
18 on customers cannot easily see anyone, whether it's Lake or
19 any other child, in the room, and as I said, it has a push
20 exit to an alley, and I've come to pick up Lake in the past
21 and he's been there alone, and it concerns me.
22 Q Is the exit visible from the counter?
23 A No, absolutely not.
24 Q Has there ever been any occurrences while
25 Lake was in the children's room that gave you concern?
22
1 A Yes. About four weeks ago Lake came home
2 and was pretty distraught about playing with another child
3 at the Grateful Bean, and the child pulled his pants down
4 and smacked him, and I asked --
5 MR. SMITH: Objection. Hearsay.
6 THE COURT: Well, I routinely allow into
7 the testimony what children are telling their parents. I
8 don't know how you try a custody case without it.
9 Overruled.
10 MS. BOYLE: Thank you.
11 THE WITNESS: Your Honor, I'll also say
12 that I did say something to Jen about this incident, and I
13 asked her if she took care of it. This child was a
14 friend, a child named Willie, and that's the only
15 identification I ever got from him, and this child, Willie,
16 is the son of a woman who has a framing shop across the
17 street.
18 BY MS. BOYLE:
19 Q And how did Lake seem after this instance?
20 A He mentioned it several times over the
21 course of the next couple days. It was upsetting to him.
22 Q What does he say about being at the shop?
23 A Typically when I ask him what he did today,
24 he'll say -- if he has been at the cafe he'll say, well, we
25 just hung out at the Bean, and, you know, that's typically
23
1 all he says. I try not to engage him too much further
2 about it.
3 Q Do you get a sense that he gets any personal
4 attention while he's there?
5 A Well, from my --
6 MR. SMITH: Objection. Calls for
7 speculation.
8 THE COURT: You'll have to rephrase the
9 question.
10 BY MS. BOYLE:
11 Q Is it your belief that he gets any personal
12 attention while he's at the Grateful Bean?
13 MR. SMITH: Objection.
14 THE COURT: Well, but it's his belief.
15 Whether it's true or not I have no idea.
16 THE WITNESS: It is my belief. My best
17 friend's father frequents the cafe. He has --
18 THE COURT: No. Now that's hearsay.
19 THE WITNESS: Yes, it is my belief. I
20 know that when I come there he's typically not anywhere
21 near Jen or Gary, and that occasionally they don't know
22 where he is.
23 BY MS. BOYLE:
24 Q When Ms. Schaeffer is late or doesn't come
25 at all in the mornings, it's you that continues to watch
24
1 Lake?
2 A Yes.
3 Q While you were still in a relationship with
4 Ms. Schaeffer, was this an issue?
5 A Yes.
6 Q Can you describe those instances
please.
7 A Yes. Frequently Jennifer would fail to
8 come home at night. She would go out partying with people
9 from work and never tell me that that's what she was doing,
10 or tell me that she was going to see a movie and come back
11 at 3, 4 in the morning, and one time in somebody else's
12 car.
13 Q And where was Lake during those times?
14 A With me.
15 Q What about you? Have you been late under
16 this current order?
17 A It's been very rare. In fact, I believe
18 three times as a result of unforeseen circumstances over
19 the course of the last two years I've been significantly
20 late, meaning I had to call and say I would be an hour
21 late. Other times there certainly -- I get to either
22 Jen's house, the Grateful Bean, her parents house, or her
23 grandmother's house, all of which are in much vastly
24 different proximity to each other within 10 minutes of
25 5:30.
25
1 Typically my tardiness is due to Jen calling
2 me while I'm en route and saying, well, I know I said we'd
3 be at our house, but we're actually going to be at the
4 Grateful Bean or we're actually going to be at my parents
5 house, and so that causes some delay in my travels, as well
6 as just routine traffic issues. It's usually my practice
7 to get there at about 25 after though, 5 minutes early.
8 Q What's a typical weekday like for you and
9 Lake?
10 A Typically we wake up -- well, I get up at
11 about 6:30, 7:00. I wake Lake up at about 8:00, about an
12 hour before his mother is to arrive. When we get up I
13 usually give him a couple of minutes to orient himself. I
14 typically do that by watching Buzz Lightyear, which kind of
15 gets him up and alert. It engages him early, which is
16 necessary, because I need to put medicine on his eczema,
17 which is a skin condition. It's essentially severe dry
18 skin that he has, and if I try to do that while he's still
19 groggy, it's quite an issue in the house, and it's more of
20 a chase around the house to get it on him. So I need to
21 get him up early enough to be able to engage him in
22 something in order to do that.
23 Then we typically have breakfast together.
24 We usually eat Frosted Miniwheats. Occasionally he'll
25 want something else so we'll do waffles or pancakes, things
26
1 like that. Then we typically do a little bit of playing.
2 He likes to play the Sorry game. He's got a Disney Sorry
3 Game and a couple of board games. We usually play those
4 for 15 to 20 minutes and then finish our morning routine by
5 brushing teeth, combing hair, and then we usually watch TV
6 for the last 15 minutes or so while we wait for his mother
7 to arrive.
8 Q Do you have a similar role and response --
9 did you have a similar role in Lake's life and
10 responsibilities while you and Ms. Schaeffer were still
11 involved?
12 A Actually the routine I just described -- I
13 only actually described our morning for you. The routine
14 I just described is new to me, and is the primary
15 responsibility that I've gained with Lake living with me
16 without my ex-wife.
17 Typically when I pick him up at 5:30, we go
18 to either my parent's house, which is right around the
19 corner from the Schaeffer's residence. If that's, in
20 fact, where I pick him up. And we will have dinner there
21 about one to two times a week or we'll go out to eat with
22 my parents. Then -- and that's a particularly good deal
23 because otherwise we have to drive 45 minutes back home and
24 then I have to prepare dinner. It really cuts into Lake's
25 and I ability to actually play and engage in things, but we
27
1 do occasionally do that.
2 Other times we will drive home, go grocery
3 shopping, do the typical logistical things for a home, make
4 dinner, go to a park. We do a lot of picnics, both at
5 Negly Park, which is a park overlooking Harrisburg that is
6 only about 2 blocks from us. We also have a park directly
7 behind our house that we do little picnics at and also City
8 Island is only a mile, and occasionally we'll walk, but
9 typically we drive there, and we'll do, you know, just some
10 things there. They have a train that area am„nA rhA
it island and they have a nice playground and things like
12 that, and then we retire.
13 About 8:15 or 8:30 I give him his bath and
14 we put his medicine on again, read a story from one of his
15 hooked on phonics books or some other book, and he'll go to
16 sleep.
17 Q And what types of things do you do on the
18 weekends when you have custody of Lake?
19 A Lake and I enjoy the outdoors. Just
20 recently I took him on his first hiking trip on the
21 Appalachian Trial, which is just a small overnighter. We
22 only actually walked in a mile and put up a camp, but it
23 was kind of a big deal to him and to me. We also
24 occasionally would do things with my parents.
25 We go visit family members, friends. I
28
1 have a lot of family members in the area who see Lake a
2 little bit less as a result of our separation, and are --
3 because my time is so sacred. So we take him -- I take
4 him to visits there. I have kind of a sister which is
5 actually not a legal sister. My father -- my real father
6 lived with her mother for years, for about 7 years, and
7 they were common law marriage. So she's kind of a
8 step-sister, but she has three children that Lake loves to
9 play with. We typically go to their house. Lake also has
10 some long time friends from my ex-wife's and I's previous
11 residence that we play with.
12 Q What other family and friends are in the
13 area close to you?
14 A Well, I have two aunts and uncles. I have
15 several cousins in the area, about four. I have my God
16 sister, is what I call her, that I was just describing.
17 My grandmother, Lake's parents -- I'm sorry, Lake's
18 grandparents are both in the area. His great-grandmother
19 is in the area. I think I've hit most of the family.
20 (Whereupon, Plaintiff's Exhibit No. 2 was
21 marked for identification.)
22 BY MS. BOYLE:
23 Q I'll show you what's been marked Plaintiff's
24 Exhibit Number 2. Could you identify that, please?
25 A Sure. These are a series of pictures of my
29
1 home in Lemoyne.
2 Q Could you walk us through these photographs,
3 please?
4 A Sure. The first two are the outside of my
5 residence on Walnut Street. The second page shows my
6 great room, which is immediately inside the doorway. The
7 third page displays my kitchen and my son's bedroom. The
8 fourth page shows the kind of nice -- the suburban street
9 that I live on.
10 Q This was the street that Ms. Schaeffer.
11 indicated she was concerned about the traffic?
12 A It is, yes.
13 Q Okay. Please continue.
14 A The next page shows my back yard, and the
15 next shows what's beyond the hedge that you're seeing in my
16 back yard, which is a fairly large and very isolated
17 community park that's located directly behind my house.
18 In fact, it's -- you can hit it with a ball. I know
19 because the children who play in the park typically hit
20 their balls into our yard all the time and they come flying
21 through our hedge.
22 It's a pretty large community park that
23 actually is surrounded by the back yards of all of the
24 homes. So there's really no direct roads with typical
25 traffic flow there. Lake and I play there frequently,
30
1 both in the summer and the winter. It has a very nice hill
2 for sledding.
3 And the next page is Washington Heights
4 Elementary School. It's a new elementary school two
5 blocks from my home. There's also a very nice park, and
6 you can see -- I took these in the summer, but you can see
7 that actually in the side of the picture, which I was
8 trying not to take because I didn't want them to wonder
9 what the heck I was doing taking pictures of their children
10 and stuff -- you can see that there's a mother there with a
11 baby, and people frequently play there and when Lake and I
12 take walks sometimes we stop by there and play.
13 When you turn the page the other picture is
14 the middle school that is directly cati-corner from that
15 school, which is actually the middle school I went to, and
16 it's getting a bit of a refurb job right now, and they're
17 getting ready for the new school year with a restored
18 building. And there's another picture of the facilities
19 there, the playground facilities at one of Lake's potential
20 schools, elementary schools.
21 If you turn the page there's a picture of
22 Lake's birthday party this year with myself standing beside
23 Lake, and my mother standing beside me. My cousin's in
24 the background and some other family members. Another
25 picture of me holding Lake after a balloon popped over near
31
1 him and he kind of got a bit startled.
2 Turning the page there's a picture of Lake
3 and I in Disneyland with his favorite Buzz Lightyear and
4 Woody, and the other is a picture of us, contrary to my
5 family's joking about it looking like a suspicious solute,
6 it's actually us waving at a parade in Orlando.
7 The next page is Lake's Sea World getup.
8 Another one is he and my mother on a ship -- a mockup ship
9 in Sea World. The next page is just a picture of us as we
10 were going down the streets of Disneyworld, and the last
11 picture -- oh, I'm sorry, it's not the last, the second to
12 the last page, the picture at the bottom is me holding Lake
13 near waterfalls at the Yellowstone National Park, which is
14 another trip we took.
15 The last page is a picture of Lake and I fly
16 fishing. This was the -- I forget the name of the river.
17 It was the river they filmed The River Runs Through It on,
18 and the last picture is Lake and I beside a waterfall on a
19 log on our vacation.
20 Q How often does Lake stay overnight with his
21 mother?
22 A About 4 nights out of every 10; 118 a year.
23 Q And how does he seem when he comes back to
24 you?
25 A Many times he's a bit disheveled.
32
1 Typically his hair is not combed. His clothes are not
2 cleaned. He typically has stains on his clothes from some
3 kind of treat he was eating. Occasionally he has had --
4 he has had a few times some pretty significant flare-ups of
5 his eczema, which are -- have been kind of a frequent
6 occurrence throughout his life, but a couple of these have
7 required him to go to the doctor's, kind of an emergency
8 situation, and I'm scheduling an appointment because of how
9 raw he's made his penis from scratching and stuff, which is
10 not a typical area for him to have his eczema on, but when
11 he's under a lot of stress, that's a stressor for his skin
12 disease, and sometimes some of the arguing that he tells me
13 about, and seeing his mother crying, and things like that
14 that can go on in their household disturbs him and it
15 causes these -- this kind of constant scratching that rips
16 open his eczema.
17 Q He tells you about arguing in the household?
18 A Yes.
19 Q What kinds of things does he tell you?
20 A Well, he very rarely tells me the nature of
21 the argument. He typically just tells me that Mr.
22 Schaeffer's kind of grumpy, and, you know, he relates
23 things like mommy cried at dinner tonight or mommy was
24 crying through dinner yesterday.
25 He relates a story where a tire went down
33
1 the hill and splashed into a lake a couple months ago, and
2 this was just after a pretty severe car accident that
3 Mr. Schaeffer was in, and that he got real upset and was
4 yelling and made Jen pull it out of the lake, and, you
5 know, that that -- he said that was kind of -- my son uses
6 the term rude frequently, and he said that was kind of rude
7 of Gary to make mommy do that because she's pregnant.
8 Q As there a time recently in April when the
9 child came back to you and you were particularly concerned?
10 A Yes. I dropped him off the night before.
11 When I came back and picked him up the next day, Jen was
12 not there. She was not there at the dropoff or the pickup
13 because she had been doing some work at the Grateful Bean
14 and was due home any minute on both occasions, supposedly,
15 although I don't know if that was the case.
16 And when I picked Lake up he was wearing the
17 exact same outfit, although much dirtier, and when I got
18 him up the hill to my mother's house he -- I found out that
19 he had had poop in his pants, and that was pretty
20 disconcerting.
21 Q Was this an issue while you and Ms.
22 Schaeffer were together?
23 A Well, the extent to which Lake was with Jen
24 and not with me was very slim so there weren't a lot of
25 cases where Lake was, you know, terribly disheveled,
34
1 although it was very frequent for me to come home with
2 evidence of all the meals that had been eaten since I was
3 at work.
4 For instance, I would go up -- I would walk
5 in, look at the kitchen, and the kitchen table would have
6 just no one sitting at it, but all of the food scraps and
7 remnants flipped over onto the table and things like that
8 from lunch, and then I would go upstairs into the bedroom
9 and then there would be a cereal bowl there where milk had
10 maybe even been -- you know it had been nudged and milk had
11 spilled over onto the carpet and there was cereal --
12 Cheerios and cereal and things like that. So I'm familiar
13 with I guess Jen's housekeeping and just tending to messes
14 and things like that.
15 Q Have you seen inside the house she keeps
16 with Mr. Schaeffer?
17 A I have.
18 Q And what's your impression of that?
19 A Well, I can tell you -- I cannot say for
20 sure whether it's there today, but I know that when I
21 dropped -- when I picked Lake up rather last, there were
22 about 6 to 8 Playdough cans scattered across the back of a
23 bay window ledge with Playdough all laying out dried up
24 that had been there since the July 4th.
25 Q Have you seen anything else regarding
35
1 cleanliness?
2 A Yes. I've seen -- occasionally I've seen
3 piles of clothes and things like that, or dirty shoes with
4 mud all over them that just stay in the same spot for, you
5 know, weeks and weeks at a time.
6 Q Has Lake communicated anything else
7 regarding the household and utilities or anything of that
8 nature?
9 A He has. He related a story to me about
10 having -- the cable was shut off while he was watching TV,
11 and that I guess the worker -- the worker was rude. He
12 said that he came and shut it off while he was watching his
13 cartoons at their house.
14 Q Do you have any other concerns regarding the
15 environment in Ms. Schaeffer's home?
16 A I do. I worry. I guess some of these
17 fall in the categories of things that I've mentioned
18 already, but I worry about the emotional instability of
19 Jennifer, as well as the instability of Mr. Schaeffer.
20 Q Tell me what you mean by that.
21 A Jen has had a history of struggling with
22 depression. She was medicated prior -- she was medicated
23 when I met her. She went off that medication while she
24 was pregnant because that could potentially be harmful to
25 our child. She went back on it after she was done breast
36
1 feeding, and then became sometime during the -- our
2 marriage became noncompliant with the medication, which I
3 believe led to the unhappiness that started her looking
4 elsewhere.
5 Q And what are your concerns regarding Mr.
6 Schaeffer?
7 A I have many concerns about Mr. Schaffer's
8 behaviors. From reports from my son, he must be fairly
9 grumpy, which is not to say that my son doesn't like Mr.
10 Schaeffer or that Mr. Schaeffer doesn't treat him well.
11 It's usually he's telling stories about arguments that he
12 and Jen have had, about whether the Grateful Bean is just
13 too hard, and it's just too hard to do that, or the tire
14 incident, or, you know, things that money -- he relates
15 different stories.
16 I'm also very concerned with what I believe
17 is a drug and alcohol problem on behalf of Mr. Schaeffer,
18 also the economic -- there seems to be a lot of stressors
19 in the house, and I guess the two of them don't seem to be
20 reacting very well to those stressors, and it's without a
21 doubt effecting my son.
22 Q What do you believe the drug and alcohol
23 problem to be?
24 A I believe that Mr. Schaeffer is an
25 alcoholic. I have reason to suspect that he's not drinking
37
1 right at this moment. I believe that either this drinking
2 problem caused his accident --
3 MR. SMITH: Objection.
4 THE COURT: Sustained.
5 BY MS. BOYLE:
6 Q Have you ever seen Mr. Schaeffer drink?
7 A I have.
8 Q Have you seen him use drugs?
9 A I have.
10 Q What kind of drugs?
11 A Marijuana.
12 Q What is it that you're asking the Court to
13 do today?
14 A I'm asking them to give me some
15 clarification to our existing order that will allow me to
16 place Lake in my school district, which is the West Shore
17 School District.
18 (Whereupon, Plaintiff's Exhibit No. 3 was
19 marked for identification.)
20 BY MS. BOYLE:
21 Q I'm showing you what's been marked
22 Plaintiff's Exhibit Number 3. Can you tell me what that
23 is, please?
24 A Sure. This is a calendar for the West
25 Shore School District. This just depicts all of the days
38
1 off and so forth throughout the year, when school begins.
2 Q When does school begin?
3 A August 26th, 2002.
4 Q And can you request the morning kindergarten
5 session?
6 A The school has indicated their willingness
7 to do that.
8 Q Is that the program you would like Lake to
9 attend?
10 A It is.
11 Q And why is that?
12 A I believe that it will be easier for both
13 myself and for Jennifer should she continue to have the
14 frequent daily contact that she does now, which I certainly
15 would be in favor of.
16 Q Did you contact the West Shore School
17 District and discuss the program with them?
18 A I did.
19 Q Can you discuss that, please?
20 A Sure. I just discussed with them, much
21 more briefly actually then I did with the Cornwall Lebanon
22 School District because of my familiarity with the West
23 Shore School District. In addition to attending it
24 myself, I have friends and family who are teachers there.
25 I know a lot of the principles there, the superintendent,
39
1 and feel fairly comfortable, but my conversation with them
2 centered around my ability to have Lake attend one or the
3 other kindergarten, morning or afternoon.
4 It was also in our conciliation hearing, our
5 conciliator indicated that she had contacted them and she
6 had direct experience that indicated that she would be able
7 to --
8 MR. SMITH: Objection to the conciliator's
9 comments.
10 THE COURT: Sustained.
11 BY MS. BOYLE:
12 Q Did you do any other research regarding the
13 West Shore School District?
14 A I did. I spent significant time on the
15 internet looking at different scores and performance
16 variables of the school.
17 Q What is it that you liked about this
18 particular school district?
19 A One of the most telling statistics was that
20 75 percent of it's attendance -- attendees, participants go
21 on to some type of higher education. Also their ability
22 to get candidates into the military academies and other
23 prestigious institutions is very high. They have a good
24 track record of that.
25 Q And you're aware that Ms. Schaeffer has
40
1 requested that custody be changed to her, and that the
2 child attend the Cornwall Lebanon School District?
3 A I am.
4 Q Did you conduct any research on this school
5 district?
6 A I did.
7 Q What research was that, and what did you
8 draw from that?
9 A I spoke for more than an hour with the
10 school principle, Chuck Kint, who also went to the same
11 education -- got his Masters education from the same
12 program I did at Temple University, and also is a product
13 of the West Shore School District. That's the school
14 district he taught in for many years, actually with some
15 close family members of mine, and so we talked at length
16 about his school district and his feelings and thoughts
17 about the West Shore School District, and he basically told
18 me --
19 MR. SMITH: Objection.
20 THE COURT: What is this being -- is this
21 being offered for the truth of the matter asserted in a
22 statement made by a witness who's not in the courtroom?
23 MS. BOYLE: No, sir.
24 THE COURT: What is it being offered for?
25 MS. BOYLE: He's just giving his impressions
41
1 of the school districts.
2 THE COURT: And he believes that West
3 Shore's better than the one where --
4 MS. BOYLE: That's correct.
5 THE WITNESS: Actually, Your Honor, that's
6 not what I was about to say.
7 THE COURT: Okay.
8 THE WITNESS: What I was going to say is
9 that my conversation with Mr. Kint really -- he said to me
10 that these school districts were very similar.
11 THE COURT: Okay.
12 THE WITNESS: That my son would get a good
13 education regardless of where he attended.
14 THE COURT: Okay.
15 THE WITNESS: And he said that -- with
16 these two school districts, and he also said that I could
17 easily relate in my mind this school with the West Shore
18 School District, particularly the Redland High School
19 because it's just a bit more rural.
20 THE COURT: That's fair enough. Thank
21 you.
22 BY MS. BOYLE:
23 Q Why do you believe it's in Lake's best
24 interests to keep this current custody arrangement and to
25 have him attend school down the street from you?
42
1 A Well, Lake had a significant relationship
2 with me his entire life that has consisted of a lot of --
3 the caring for his activities of daily living or whatever
4 you would like to call them, which include, you know, being
5 sung to at night, being given medicine, baths, things that
6 my wife refused to do. Those were while we were married.
7 After that time Lake spends two-thirds of
8 his overnights with me. He's continued to sleep in the
9 same bed. We've developed a significant relationship as a
10 result of the kind of situation we've been put in in the
11 last 2 years.
12 And, you know, I also believe that the West
13 Shore School District does possess the ability to better
14 place him for some opportunities. While I do believe the
15 schools may be similar, there's just things about some of
16 their post-scholastic results or post high school results
17 that I am interested in, which, again, relate to the fact
18 that more of their students go on to higher learning and
19 they also have an excellent track record in placing people
20 in some of the more prestigious universities, which I would
21 certainly like him to have the opportunity for.
22 Q Do you anticipate any other issues arising
23 from Lake making the move to live at mom's house?
24 A Well, no matter what, Lake is going to have
25 to deal with the change of starting school, which is he
43
1 nervous and excited about both, but if that happens, you
2 know, currently he only spends 118 overnights there. This
3 will increase that by hundreds, limit my overnights that he
4 spends with me by hundreds, and, in fact, decrease our
5 daily contact by a hundred days, and when I say that I'm
6 referring to proposals that both my ex-wife and I have
7 entertained.
8 Her proposals -- currently we both see each
9 other -- we see Lake at some point in every day, 299 times
10 a piece. The only time which we don't see each other at
11 some point in the day, or the point I don't see my son or
12 Jen does not see her son, are the other's -- the other
13 parent's weekends, and the other person's vacation time.
14 So it's 299 days that at some point we have
15 this daily contact with Lake. In my proposal I actually
16 increased Jen's daily contact. In her proposal she
17 decreased mine by more than a hundred. So that makes me
18 very nervous about the kind of relationship that Lake has
19 with me because of the kind of relationship that we've had
20 not only since his birth, but particularly these last two
21 years, which have been certainly interesting for us.
22 Q Do you anticipate any impact that the new
23 child may have?
24 A Well, as I said, I'm very concerned about
25 the way Jen has traditionally reacted to stress, as well as
44
1 the way it seems Mr. Schaeffer reacts to stress. I'm very
2 concerned about them dealing with a multiple child
3 household. Also financially I'm concerned. I have other
4 concerns.
5 I know that Jen is going to have to have
6 this child cesarian because she's unable to do it
7 naturally. I'm concerned about the recoup time running
8 into the first day of school.
9 Q Do you know when that cesarian is scheduled?
10 A I believe, and I could be in error, sometime
11 around August 8th or 9th.
12 Q And what would be your proposed schedule if
13 the Court had decided that Lake should attend school in the
14 Cumberland County School District?
15 A I would settle for the same schedule,
16 although I believe that it has some problems in it in that
17 it would require Jen some mornings, for instance Monday
18 mornings and Thursday mornings, to have to drive Lake 45
19 minutes from Mount Gretna to here -- I'm sorry, to
20 Cumberland County, in order to get him to school on time,
21 which may be problematic for both of them, but I would be
22 willing to entertain that schedule, but I would be more
23 comfortable with a schedule that altered the current
24 arrangement to take away the every other Wednesday, and
25 replace that with some more significant summertime and also
45
1 Act 80 days, which are days when the schools are doing some
2 kind of education with the teachers, other holidays
3 throughout the year, where I will certainly still have to
4 work, and it would, you know, be wonderful for them to be
5 able to spend that time together.
6 Q And when Lake is attending school for full
7 time, how would you propose the Court --
8 A Similar. I mean I'm very open to Lake's
9 mother, you know, spending the same kind of frequent
10 contact. Certainly when it's half day kindergarten she'll
11 have the ability to pick him up at 11:30 and spend the rest
12 of the day with him, which up until this past conciliation
13 is what happened most often anyways, about that time, about
14 10:30, 11:30 was the average pickup time.
15 And then after he is in full day school, I'm
16 more than happy to allow that arrangement to continue. If
17 it proves burdensome to my ex-wife, then I'm more than
18 happy to seek some other way of compensating for her lost
19 time.
20 Q And you would be willing to increase time in
21 the summer?
22 A Absolutely.
23 Q Is that something that would be available to
24 you to do?
25 A Not in the same way because Jen is intending
46
1 to stay home more significantly after the birth of her
2 expecting child. Therefore, in the summers she would be
3 able to spend some significant time with Lake while I would
4 still be working, and to give me lots of time in the summer
5 would not be -- would not give me the same kind of access
6 that Jen would be able to have.
7 Q And how would your child get to school
8 physically?
9 A He can walk to school. Obviously he would
10 need to be accompanied by an adult, by myself.
11 Q You would be able to walk him to school?
12 A Absolutely.
13 Q And on the days that you may not be
14 available, is there anyone who could assist you?
15 A Those days would be fairly rare. My
16 employer -- the reason, again, that I go to Kennett Square
17 is solely to have a meeting with my boss. Once a month I
18 do have to attend a leadership meeting for which I am
19 primarily responsible for facilitating, but those once a
20 week meetings, my boss is more than happy to schedule those
21 for 11 or later so that I'm able to do that.
22 But on any days that I wasn't able to, I'm
23 fortunate enough to have both of my parents come into the
24 area. They do live in the -- just around the corner from
25 Mr. and Mrs. Schaeffer, but they come in to work every
47
1 morning rather early. They're able to help. I have a
2 next door neighbor who has a bunch of children that Lake
3 plays with frequently, but all of her children go to the
4 West Shore School District.
5 I have a grandmother that doesn't work in
6 the area. Jen's grandmother is just moments away, about
7 10 minutes away, just across the bridge on the second exit
8 from me. If you're not familiar with Lemoyne it sits
9 right on the river. So there's -- I have a wealth of
10 people in the area should I -- should something come up
11 that would prohibit me from getting Lake to school in the
12 morning.
13 Q Both of your parents work on the West Shore?
14 A They do.
15 MS. BOYLE: I have nothing further, Your
16 Honor. Thank you.
17 MR. SMITH: Thank you.
18 CROSS EXAMINATION
19 BY MR. SMITH:
20 Q Mr. Tyson, Lake was born in March of
21 197; is that right?
22 A Yes.
23 Q And that makes him how old?
24 A Five.
25 Q Okay. And at the time that you separated
48
1 in October of 2000, he would have been about 3?
2 A He was.
3 Q Up until that time you were working outside
4 the home, I assume?
5 A I was.
6 Q When you and Jen were together?
7 A I was.
8 Q Where were you working?
9 A Pennsylvania Healthcare Association.
10 Q And what were your hours of employment then?
11 A 9 to 5.
12 Q Okay. And Jen did not work outside the home
13 during the day during those years?
14 A She worked primarily in the evenings when
15 she did work.
16 Q Would you agree then that during those first
17 3 years of Lake's life that Jen served as his primary
18 parental caretaker?
19 A I would not.
20 Q You wouldn't agree that during the day when
21 you were at work --
22 A For that time period?
23 Q Wait until I'm done. That Jen performed
24 most parental caretaking duties?
25 A I would say that since she was the only one
49
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performing duties during 9 to 5, she was the primary person
doing it then.
Q Okay. In fact, when he would need to go to
the doctor, or in terms of feeding him, clothing him, and
bathing him, really all those sorts of duties, Jen would be
the parent that did that up to the time that you separated?
A No. I would not say -- Jen rarely bathed
Lake for the entire time we were married. It was very
rare.
Q Okay. What did she do in terms of work
during those first 3 years?
A In her evening work you're referring to?
Q Yes. Work at all outside the home?
A She worked for a time for Keystone Appleby's
or Keystone Apple, I'm sorry, which is the Appleby's
franchise in the area, which also my father works for,
which is how Jen and I met. She worked as a server, and
eventually as a bartender. She worked primarily the
evening hours. And additionally she began -- later in our
marriage she began coaching gymnastics for a variety of
different teams.
Q Would it be a fair statement to say that you
were working full-time Monday through Friday, and Jen would
work part-time during some evenings?
A In the beginning of our marriage that would
50
1 be accurate. At the end of our marriage, the last year or
2 so, she was working primarily full-time evenings.
3 Q Okay.
4 A As a -- I'm not sure of -- I want to get the
5 position right, but I think she was the head coach
6 eventually of the Hershey gymnastics team.
7 Q Okay. And when you lived together with
8 Jen, you lived in Dauphin County; is that right?
9 A No.
10 Q What county did you live in?
11 A We lived in Cumberland County the entire
12 length of our marriage. There was a mistake in the
13 custody memoranda.
14 Q So that's a mistake in the memoranda, that
15 you lived in Dauphin County?
16 A It is, in deed.
17 Q Where did you live during the 3 years that
18 Lake was with you?
19 A For the first 9 months of our marriage we
20 lived with my parents in Mechanicsburg, which was 41
21 Devenshire Square. After that -- I was still in college
22 at the time. As soon as I graduated -- I graduated in
23 August. In September of 197 we moved out, got an
24 apartment in Enola, Pennsylvania, also in Cumberland
25 County. We stayed at that apartment until our separation.
51
1 After that time -- about approximately 6 months after that
2 time is when I purchased a home in Lemoyne.
3 Q Okay. So you don't live in Enola, you live
4 in Lemoyne?
5 A That's correct.
6 Q And you've been living there how long?
7 A One year and about four months.
8 Q Does anybody else live with you there?
9 A No. Just Lake.
10 Q Now, the current custody order is the order
11 that was issued by Judge Hoover in Dauphin County, correct,
12 back on April 19 of 2001?
13 A I'm not sure what you mean by that. It was
14 a conciliated process. I'm not sure if that was under his
15 name, and so that order stays under Judge Hoover, but we
16 never saw the judge.
17 Q But when asked about what that order
18 provides, it does provide that you're sharing legal and
19 physical custody of Lake, does it not?
20 A It says something -- that's why we need to
21 seek clarification. It says that custody will be shared
22 in the following manner, I believe is the language.
23 Q In fact, what was expected was that Lake
24 would spend most nights with you and spend most days with
25 Jen?
52
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A That's accurate.
Q And would you say it's also accurate that
that was as an accommodation to you because of your work
schedule so that you could maximize your time with him?
A That's inaccurate.
Q Okay. So where it says that Lake will be
with Jennifer from 9:00 a.m. until 5:30 p.m. Monday through
Friday, that was what you agreed to do?
A It was, in deed.
Q Okay. And at 5:30 you would pick him up,
and you would take him home?
A Um-hum, that's true.
Q And you would alternate weekends?
A Yes.
Q So in terms of Lake's waking hours, isn't it
true that under the terms of that order -- and I know you
say that Jen didn't follow it, but if that order were
followed, that Jen would actually be spending more hours,
waking hours with Lake than you would?
A Waking hours? That would be accurate.
Q In fact, by a pretty significant margin,
wouldn't you agree, if that order were followed?
A If that order were followed I would say that
his waking time with Jen -- with Jen was higher, although
those are the times that don't require as much care.
53
1 Q Okay. What time does he go to bed?
2 A 8:30, 9:00.
3 Q So you would pick him up at 5:30, you would
4 have him from 5:30 to 8:30, and then the next morning you
5 would get him up, get him acclimated and Jen would pick him
6 up and have him virtually all day; isn't that true?
7 A That is correct. A similar arrangement to
8 someone who has their child in childcare, for me. It's
9 much different for Jen as her primary relationship with
10 him.
11 Q Okay. And there was another error in the
12 memo, I believe, where it's indicated, I believe in your
13 memo somewher e that your parents live very close to you?
14 A No.
15 Q That's not true?
16 A That was not in the memo. In fact, the
17 memo indicate d that her parents live close to me. My
18 parents live close to Jennifer.
19 Q Okay and her -- bear with me for a minute.
20 A That is, of course, unless I'm mistaken.
21 Q Just to clear it up now, your parents live
22 right around the corner from Jen?
23 A They do. In fact, they used to live five
24 feet from the home.
25 Q Okay. And her parents live where?
54
1 A Her parents live about 15 minutes from me in
2 Swatara just over the river.
3 Q So in Dauphin County, Swatara Township?
4 A Yes.
5 Q Pretty much equal distance between you and
6 Jen?
7 A No.
8 Q Closer to you?
9 A Absolutely.
10 Q Okay. And your parents provide some
11 caretaking duties for Lake; is that right?
12 A No.
13 Q Not at all?
14 A It's rare since our -- since Jen and I's
15 separation for my parents to have Lake without me. Very,
16 very rare.
17 Q Now, your current job duties have similar
18 hours than your prior job in that they're basically 9 to 5;
19 is that right?
20 A That's correct. This job is much more
21 flexible in that 9 to 5 time period.
22 Q Do you ever have to work beyond 5:00?
23 A Absolutely.
24 Q You do?
25 A Sure that happens.
55
1 Q How many times a week does that happen?
2 A I would say it's fairly infrequent. When I
3 would say I had to work beyond five, does not mean I work
4 until five. There's times where I'll send some emails
5 after Lake's in bed or I'll wake up earlier in order to get
6 some things accomplished prior to, you know, like a 10:00
7 conference call or something like that.
8 Q But even though you're working in your
9 house, you have to work pretty much all day, correct?
10 A Yes, that is correct.
11 Q It's your office. It's your house?
12 A Yes.
13 Q When asked by Ms. Boyle whether you travel,
14 you said that you do on occasion?
15 A Yes.
16 Q Do you travel anywhere other than to Kennett
17 Square?
18 A I do.
19 Q Where else do you travel?
20 A Our company operates from Florida to Maine
21 to Illinois. As part of my familiarization with the
22 company, so that I could understand it better, I traveled
23 to each one of those regions, except for the Illinois area,
24 which -- and went to their offices overnight once, once to
25 each of those sites, which I spread out over about a 3 to 4
56
1 month period.
2 Q How many different sites?
3 A There's five different regions. I went to
4 four of them.
5 Q Okay. So over a 4 or 5 month period of time
6 you would have to go to each of those sites one time?
7 A No, what I was saying is that in order to
8 familiarize myself with the operations of the company, I
9 did that. Luckily 3 of the regional -- one of those
10 regional offices is located in Kennett Square. So that's
11 down to four. The other one is located in Towson, which
12 is actually closer to Kennett than my house. That's three,
13 and the other one is located in Morgantown, West Virginia,
14 which is almost the same distance from my house to Kennett
15 Square.
16 So I'm actually fairly lucky that the only
17 two I really had to take a plane to and be gone overnight
18 was to go to Tampa, Florida and to Manchester -- yeah to
19 Manchester, New Hampshire.
20 Q So let's say in the last 6 months, how many
21 times have you had to travel where it was required that you
22 stay overnight?
23 A I would say probably the last 6 months would
24 take us up to 2 or 3.
25 Q Okay. Did you account for those dates on
57
1 the calendar
2 presented by
3 A
4 what Jen and
5 things like
6 Q
that you've prepared that was Exhibit 1 as
Ms. Boyle?
I did. What I did was some of those times
I did was switch a Wednesday for a Thursday or
that.
But you did note those days on this
7 calendar?
8 A There's no narrative to accompany them, but
9 that was taken into account. I compiled a calendar
10 utilizing a journal that I keep that also is the same --
11 it's essentially a personal PDA, a personal data, so that
12 has on my work schedule as well as logging any kind of
13 issues that, you know, bear relevance to the custody.
14 Q When was that calendar prepared?
15 A This calendar was originally prepared for
16 the May conciliation hearing, and then I --
17 Q May 2002?
18 A Yes, and then I -- going back to the
19 previous April's. So a year and a month of information,
20 and then -- and then there's actually -- there's some other
21 information that is from a calendar that I prepared prior
22 to that time.
23 Q But this is -- this one was prepared shortly
24 prior to May of 2002?
25 A No. I'm sorry, you're not -- there's
58
1 several -- this comprises three different sections
2 completed by me, the first of which was prior to our first
3 conciliation hearing in April of 2001. Then the middle
4 chunk of it was done from that conciliation period to the
5 next conciliation in May of 2002, and then the last about 3
6 pages I did like 3 nights ago in order to reflect the time
7 from this previous conciliation hearing in May to now.
8 Q So you wouldn't prepare this day by day,
9 would you?
10 A Yes. I kept my log day by day.
11 Q Going back to April of last year.
12 A Absolutely, going back further then that,
13 actually going back prior to our separation.
14 Q And the reason that you did that was what?
15 A Was because I knew that I would be facing
16 this situation, and on advice from counsel I kept a very
17 rigorous log.
18 Q Okay. Now, when you do travel to Kennett
19 Square, it's not always Tuesday, is it?
20 A No, it is not. That is my typical day, it
21 just works out well because other people in my office also
22 home office, so it's easier for us to try and pick a day
23 where we think we can all frequently get there at the same
24 time.
25 Q But that day varies from time to time,
59
1 doesn't it?
2 A It does, in deed, yes.
3 Q And you don't really know when it's going to
4 be Tuesday or when it's going to be some other day during
5 the week?
6 A Sometimes I know that months in advance.
7 Sometimes I know that a week in advance.
8 Q Okay. And it's always at least one time a
9 week that you have to travel there?
10 A It's not at least -- for instance, this week
11 I went no times. Next week I'll go no times.
12 Q But sometimes you have to go more than once?
13 A There are -- there's an occasion once a
14 month, again this meeting. It's a meeting of all of the
15 leadership from all of the regions. They come into
16 Kennett Square to our corporate headquarters. I help
17 facilitate many parts of that meeting, and typically we'll
18 meet twice in that week because we do a -- kind of a -- you
19 know, a huddle prior to meeting the day before.
20 Q And does your calendar that you prepared as
21 Exhibit 1, does it reflect the times that you've gone to
22 Kennett Square?
23 A It doesn't -- I'm sorry. I don't understand
24 why it would need to.
25 Q Well, you didn't put any of the information
60
1 down when you were out of the area or had to travel, you
2 just noted the times that Jennifer was late?
3 A That's true. In fact, some of those days
4 signified both. I mean those are in there, but I wasn't
5 late on those days. In fact, I had to drop Lake off
6 early, but occasionally when I would drop him off Jen would
7 not be where -- at the predetermined spot.
8 For instance, if she said that she would be
9 in Mount Gretna at 7:30 in the morning, I would get there,
10 and it would be 15, 20 minutes before anyone arrived to her
11 home or they would say that they would be at the cafe and I
12 would get there and it would be 15 to 20 minutes before
13 they would arrive.
14 Q Okay. Basically you've filed this action in
15 March because you couldn't agree on what school Lake was to
16 attend, correct?
17 A That is accurate.
18 Q If it wouldn't have been for that issue you
19 would have continued with this order the way that it was?
20 A That's true.
21 Q Pretty much. Now, following the issuance
22 of the order back in April, you're saying -- strike that.
23 Following the conciliation conference, the most recent --
24 A The most recent one, yes.
25 Q You're saying Jennifer has been timely?
61
1 A She has been much more timely. To give you
2 a sense, the range prior to that was hours.
3 Q Okay. But wouldn't it usually be if she
4 were late, that she would -- that she would call you en
5 route and say that there was traffic and she would be maybe
6 ten minutes --
7 A Prior to the conciliation hearing?
8 Q Prior to the conciliation conference.
9 A No, that's inaccurate because she didn't
10 have a cell phone for quite a long time, and typically she
11 would call me about 10:00, which is already an hour late,
12 and then tell me when to expect her. It was very
13 infrequent that I would get a call even before 9 to let me
14 know when she was going to arrive, if it was a home office
15 day.
16 Q And the tardiness began back so long as --
17 ago as when?
18 A When I met Jen. She just historically has
19 -- she has difficulty being on time.
20 Q Okay. But when you filed this action for
21 custody --
22 A Yes.
23 Q -- nowhere in your complaint did you say
24 that you want to make changes because of tardiness?
25 A I don't need to make changes. This is
62
1 merely trying to demonstrate Jens, you know, lack of
2 discipline in arriving places on time when she is to
3 arrive. I have no problem with her doing that. Sometimes
4 it's -- I feel a little bit guilty because I am working,
5 and if it's, you know, 2:00 by the time she picks him up --
6 Lake up, and I'm -- you know, I have to do a conference
7 call or I have to, you know, send emails, you know, I'm
8 doing work, and I feel like it's not -- you know, I want
9 Lake to have better attention and things like that while
10 I'm working than for me just to be focused on a computer
11 screen.
12 Luckily I have two computers. So sometimes
13 he does learning software. We have a bunch of learning
14 software that he does, and he feels kind of like he's
15 working with dad, but I still think that's there better
16 arrangements than that.
17 Q Okay. You don't know Jen's current work
18 schedule, do you?
19 A I don't believe that Jen knows her own
20 current work schedule. It varies greatly. There's no --
21 there seems to be no pattern to it. She may correct me,
22 but typically when I ask her where do I need to pick Lake
23 up, where do I need to drop Lake off or pick him up she
24 says I don' know. I'm going to have to check my schedule.
25 Or she'll tell me and then I get a call while I'm en route
63
1 saying scratch that, and that would be -- for instance,
2 yesterday I was en route to go all the way to Mount Gretna
3 and she called me to tell me that she was moments away at
4 her grandmother's house.
5 Q She and her husband are the owners of the
6 business that you referred to, right?
7 A Yes, the Grateful Bean Cafe.
8 Q The Grateful Bean Cafe. So as the owner,
9 would you assume that she has flexibility in determining
10 when she works?
11 A Actually I would say because she is the
12 owner she lacks a lot of flexibility and control because of
13 their staffing issues. They're inherent in any small
14 business.
15 Q Yet you said that you understood that Jen
16 was going to stay at home and be a stay at home mom after
17 the birth of her second child?
18 A That is her claim. I'm doubtful that
19 she'll be able to hold that up for long, although that's
20 what Jen's told me, and I'm operating off of what she said
21 will be.
22 Q Okay. And that would not be inconsistent
23 with what she did when you two were together. She was
24 home during the day with Lake?
25 A Yes. Yes, that is correct. She was for a
64
1 time.
2 Q Okay. And you're testifying that when Lake
3 is at the -- when he would have to accompany Jen and Gary
4 to their restaurant, that there are times that Jen and Gary
5 don't even know where he is?
6 A Yes.
7 Q That's your testimony?
8 A Yes, absolutely. I have picked him up and
9 said where's Lake, and she says, I don't know, he was just
10 here.
11 Q Well, doesn't that mean he was just around
12 the corner. I mean they knew that he was in the building,
13 didn't they?
14 A Well, they hoped he was in the building.
15 Q But you're saying that they just have no
16 idea where he is sometimes?
17 A There's three exits to that building that
18 I'm aware of, probably one out of the kitchen, and there's
19 -- typically when I arrive they're off busy hours, it's
20 either early in the morning or it's late so there aren't
21 really many customers, and so, you know, it shouldn't be
22 hard to know where your son is.
23 Q Okay. And you didn't comment on their lack
24 of attentiveness in your pretrial memo, did you, as a
25 reason for having custody?
65
1 A No, I didn't. In fact, that's not a reason
2 for custody.
3 Q Okay.
4 A That's a concern of mine.
5 Q Okay. And nor have you commented prior to
6 today on Lake being disheveled, his clothes not being
7 clean, the eczema flare-ups. You never commented on those
8 matters to Jen, did you?
9 A No. Those are personal matters that have
10 bothered me, but because of the deterioration of Jen and
11 I's relationship, I tend not to share things that I don't
12 believe are immediate danger. For instance, I do -- I
13 have shared with her repeatedly since her decision to open
14 up a cafe and bring Lake there, I have repeatedly told her
15 that I fear for his safety and well being in that instance,
16 and she continually, you know, guarantees me that there's
17 no problem.
18 Lake has told me though, you know, even of a
19 story recently where his grandmother came to pick him up,
20 Gary was supposed to be watching him, Jen wasn't there, and
21 they couldn't even find Gary to tell him that they were
22 leaving.
23 Q And despite that -- despite that you're
24 still willing as one of the options that you proposed today
25 allow the same schedule to exist?
66
1 A If Jen -- I would prefer that schedule to
2 not exist if Jen -- but if Jen is going to truly be an at
3 home mother then I don't think this is an issue. She'll
4 be available.
5 Q Okay. When was this last eczema flare-up
6 that you testified about?
7 A There may have been one sooner. The one
8 that is in my mind most clearly happened right around
9 Gary's accident. There was another one.
10 Q When was that?
11 A Late February.
12 Q Did you take him to a doctor as a result of
13 that?
14 A Jen did. I was not -- I was in -- at a
15 conference at the time.
16 Q Okay.
17 A But she didn't -- she did not communicate to
18 me that there was an issue or anything -- nor that there
19 were major issues in her household.
20 Q In these comments that Lake makes to you
21 about Jen having to pull a tire out of a lake, I mean, he
22 just blurts these out?
23 A Absolutely.
24 Q You don't ask him questions and then he
25 responds to your questions about what's going on there?
67
1 A Typically what happens is -- I'm sure you --
2 I don't know if you have children, but I'm sure you know
3 when they have something on their mind it's kind of like --
4 when his butt hits the seat, that car seat, and we shut the
5 door, he typically has something to say, not always
6 something negative, and otherwise I certainly ask him every
7 day, how was your day? Did you have a good day? What did
8 you do, you know.
9 Q Just for instance when he talked about, you
10 know, Jen having to drag a tire out of a lake, did you talk
11 to her about that just to see what that was all about?
12 A No. Frequently when I try to take up
13 things like that with Jen, she'll get a bit emotional, yell
14 at me, tell me these things are none of my business, that,
15 you know, those kinds of --
16 Q But you didn't say anything to her about
17 that?
18 THE COURT: Mr. Smith, do you want to find
19 a convienent breaking point here? We've been in session
20 for quite a while.
21 MR. SMITH: We can do that, Your Honor.
22 THE COURT: Okay. And I really need to
23 see counsel back in my office. We have a real serious
24 scheduling problem in this case, and I have no idea how it
25 happened. I certainly was not involved in it, but how we
68
1 left only a half a day for this case is beyond me.
2 MS. BOYLE: I think the conciliator
3 assigned this to you.
4 THE COURT: Well, come on back. We need to
5 look at the calendar very seriously.
6 (Whereupon, a recess was taken at 10:25 a.m.
7 and court reconvened at 10:44 a.m.)
8 AFTER RECESS
9 (Whereupon, Mr. Tyson resumed the stand.)
10 CROSS EXAMINATION (continued)
11 BY MR. SMITH:
12 Q Okay. Mr. Tyson, you made some comments
13 about your concerns of Jennifer's emotional instability.
14 Do you remember testifying about that?
15 A Yes.
16 Q Do you know whether she's taking any
17 medication now for any emotional condition?
18 A I believe that she said she was not in the
19 last conciliation hearing.
20 Q Okay. Do you know when the last time would
21 have been that she was taking any medication for depression
22 or related types of matters?
23 A Sometime in between the second and third
24 years of our marriage.
25 Q Okay. You said that when you met her she
69
1 was taking medication?
2 A She was, in deed.
3 Q Okay. And despite her taking medication
4 for depression, you married her, correct?
5 A That's right.
6 Q Okay. And you don't know of any counseling
7 or any therapy that she's been undergoing since you've
8 separated?
9 A I do not.
10 Q Okay. You don't have any reason to think
11 that she is in therapy or counseling or anything of that
12 nature?
13 A When I have mentioned these concerns to her,
14 which I have done repeatedly, she has not mentioned -- in
15 fact, I've asked her what's her plan to deal with some of
16 these things, and she's not mentioned any course of action
17 at all.
18 Q Okay. And you say you have some concerns
19 about the family finances, is the sole reason because the
20 cable was -- that your son told you that the cable was shut
21 off?
22 A No. In fact, she's also related to me that
23 they cut off their phone for a time. They got rid of
24 their cell phone. You know, their house is missing
25 shingles. They were with only one car, which had a leaky
70
1 roof. There's a number of different issues that -- you
2 know, I'm sure that it's hearsay. I'm not sure if you'll
3 cut me off her e, but I've heard that they filed for
4 bankruptcy.
5 Q Okay.
6 A On one of their businesses.
7 Q You don't have any firsthand knowledge that
8 they're having -- that they can't meet their expenses?
9 A I do have firsthand knowledge from -- Jen
10 has told me th at they cut off the phone for monetary
11 reasons and th e cell phone, and she was calling me from a
12 calling card, is how I knew, and I said, I'm sorry, oh, I
13 didn't realize it would be you, and she said that's because
14 we cut off our long distance.
15 Q Okay. Didn't she instead tell you that she
16 changed the long distance service on her phone?
17 A No, she did not.
18 Q Okay. You don't know what the Schaeffers
19 net worth is, do you?
20 A No, I do not.
21 Q Okay. You don't know what their house --
22 do they have a nice house?
23 A They've redone some things on the inside.
24 The outside is in poor condition.
25 Q It's in poor condition. Okay. You've
71
1 been in the house though you've said?
2 A I have.
3 Q Okay. How many times?
4 A It would probably be uncountable how many
5 times I've been in the home. I mean I step inside
6 frequently when I grab Lake or when I'm leaving.
7 Q Okay. You have been in many times then?
8 A Yes, I have.
9 Q Okay. Now, you testified about your
10 thoughts about the West Shore School District and one of
11 the most I guess encouraging things about that school
12 district is the percentage of students who go on to
13 college?
14 A That's correct.
15 Q You said 75 percent move on to post high
16 school education?
17 A That's correct.
18 Q Do you know what the percentage of students
19 is from Cornwall Lebanon that go to college?
20 A I believe it was 62 or 63 percent.
21 Q Are you sure?
22 A I'm telling you I believe. My recollection
23 is that that number was comprised of two different figures.
24 One was for a four year college and the other was for some
25 two year or other continuing education. They comprise 75
72
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
percent. On the 2001
it added up to -- it
I recall. Sixty-two
Q Okay.
A Kint.
Q Kint.
data I looked at for Cornwall Lebanon
was a more than 10 percent difference,
is my guess.
Chuck Kent, is that --
I'm sorry. What does he do?
A He's the principal of the school.
Q Which school?
A Of the Cornwall Lebanon Elementary School.
Q And you spoke with him for an hour?
A Yes.
Q Or so?
A Yes.
Q And he said that the school districts are
comparable?
A He did.
Q He wouldn't really choose one or the other?
A He did.
Q And that satisfies you in terms of the
quality of the schools compared to one another?
A Well, there's a lot of qualitative
information that makes me favor my school district, but
it's not based on a lot of -- it's based on things like my
familiarity, the fact that I came to the school district,
the fact that I know so many teachers and administrators in
73
1 the school district. It's just that familiarity as a
2 large -- you know, is a large reason why I moved back to
3 the school district, to begin with.
4 Q Okay. Now, your memorandum indicates that
5 Jen unilaterally registered Lake to attend school in
6 Lebanon County. That's not true, is it?
7 A Evidently Jen is saying that it's not
8 completed, but she did take him, without my knowledge, and
9 asked for his birth certificate, and took him to -- not
10 telling me what -- she told me it was for an insurance
11 purpose, which she says it was also, and she took him to a
12 preadmissions ordeal, which I guess she maybe still has
13 some information to supply them, but they did the eye
14 check, all that stuff, and when Lake came back what he said
15 to me was I thought I was -- that I was going to school
16 with you, and I said no. Your mother and I have not
17 decided where you're going to school, but your mother must
18 have been wanting to get ready, and I tried to belay his
19 nervousness about not knowing what was happening.
20 Q So you haven't confirmed that she's
21 registered Lake in school?
22 A No.
23 Q Even though your memo says you did?
24 A She has said in various points in times that
25 she just took him to the admissions day where they get all
74
1 of the stuff, but she has not completed his registration.
2 So I think what we're talking about here is the difference
3 between did she submit maybe the last shot record or
4 whatever and do they consider it stamped and completed or
5 did she physically take him somewhere and tell him this was
6 where he was going to school and spend a day with other
7 children taking exams, the eye exams and things like that,
8 hearing exams.
9 Q Did she ask you to take a look at the school
10 with her, the Cornwall Elementary School?
11 A She did not.
12 Q She didn't?
13 A No.
14 Q The coffee shop that Jen and her husband
15 operate, do you know how long that's been open?
16 A Just over a year, I believe.
17 Q Okay. Prior to them getting married?
18 A Yes.
19 Q Now, you've testified about Mr. Schaeffer
20 being involved in an automobile accident?
21 A I did.
22 Q You did. And your memo said that you
23 believe that alcohol may have been the cause of that
24 accident?
25 A I am concerned about that, yes.
75
1 Q You have no evidence to suggest that anyway
2 that alcohol was the cause of that accident, do you?
3 A I have no evidence that you'll allow me to
4 talk about.
5 Q And, in fact, do you know whether Mr.
6 Schaeffer was cited for any violations of the Pennsylvania
7 Vehicle Code as a result of that accident?
8 A I am familiar enough with the Vehicle Code
9 to know that he could not be by the time he was finally
10 pulled from the wreck. It took several hours. One to
11 find him, and two to cut the car in half to get him out.
12 Q Your answer would be no, that you don't know
13 whether he was --
14 MS. BOYLE: He's answering the question,
15 Your Honor.
16 MR. SMITH: Your Honor, I don't think he
17 is. The answer was yes or no.
18 THE COURT: Don't quibble about that sort
19 of thing. I'll let him answer the question. Go ahead.
20 THE WITNESS: I do not know either way.
21 It's my --
22 THE COURT: Okay. You've answered the
23 question. You don't know. Simple enough. Go ahead.
24 MR. SMITH: I have nothing further.
25 THE COURT: Very well. Any redirect?
76
1 MS. BOYLE: Just a few, Your Honor.
2 THE COURT: Go ahead.
3 REDIRECT EXAMINATION
4 BY MS. BOYLE:
5 Q There was some questioning regarding the
6 number of waking hours that Lake spends with his mother.
7 You answered those questions with respect that if the order
8 were followed. Since mom -- since Ms. Schaeffer was coming
9 to your home late were the number of waking hours Lake
10 spent with you comparable to the waking hours he spent with
11 his mother?
12 A I think that is a fair statement, yes.
13 Q The travel time that you have with your
14 office is taken into account in Exhibit -- Plaintiff's
15 Number 1, is it not?
16 A It is.
17 Q And this exhibit represents the days that
18 Lake wakes up at your home on a school day?
19 A They do.
20 Q Regarding Ms. Schaeffer's work schedule at
21 the coffee shop, do you recall her stating at the
22 conciliation that she was working more than 12 hours per
23 day?
24 A I cannot remember the exact hours. I
25 remember it was a number that was beyond 8. It was kind
77
1 of -- it was an impressive number so to speak, is what I
2 remembered.
3 Q While you and Ms. Schaeffer were still
4 together, and after you had Lake, did she go to work?
5 A I'm sorry. Could you repeat that?
6 Q While you were still together, and after you
7 had Lake, did Ms. Schaeffer, in deed, work outside the
8 home?
9 A Yes.
10 Q And she went to work full-time in the
11 evenings?
12 A Eventually, yes.
13 Q And how long did she work full-time in the
14 evenings?
15 A I believe it was for about the last year of
16 our marriage.
17 Q Did Ms. Schaeffer also tell you that she has
18 no health insurance?
19 A No, she did not.
20 Q Is it your understanding that she has no
21 health insurance?
22 A Yes.
23 Q And why do you believe that?
24 A I've just been told that.
25 Q For financial reasons?
78
1 A Yes.
2 MR. SMITH: Objection to what he was told.
3 THE COURT: Sustained.
4 MS. BOYLE: I have nothing further, Your
5 Honor.
6 THE COURT: Very well. Any recross?
7 MR. SMITH: No, Your Honor.
8 THE COURT: Thank you, sir.
9 THE WITNESS : Thank you, Your Honor.
10 MR. SMITH: Your Honor, pursuant to
11 discussion at the recess, it's been agreed that we will
12 call Jennifer Schaeffer --
13 THE COURT: Okay.
14 MR. SMITH: -- right now, and that that --
15 THE COURT: We are still working on getting
16 some more time for this ca se as early as August the 8th
17 actually, but I think that 's a wise way to proceed so that
18 we at least have some feel -- some sense of the case as we
19 move along.
20 MR. SMITH: That being said, we'll call
21 Jennifer Schaeffer.
22 THE COURT: Certainly.
23 Whereupon,
24 JENNI FER SCHAEFFER
25 having been duly sworn, testified as follows:
79
1 DIRECT EXAMINATION
2 BY MR. SMITH:
3 Q Could you please state your name and
4 address?
5 A Jennifer Marie Schaeffer, 413 Yale Avenue,
6 Mount Gretna, 17064.
7 Q Mount Gretna's in Lebanon County; is that
8 right?
9 A Correct.
10 Q Jen, how old are you?
11 A Twenty-six.
12 Q And you were married to Mr. Tyson?
13 A Correct.
14 Q And he correctly stated the date of marriage
15 and when you were divorced?
16 A Correct.
17 Q There was one child born of your marriage;
18 is that right?
19 A Correct. Yes.
20 Q And Lake being age 5 now?
21 A Correct.
22 Q Mr. Tyson doesn't have any other children,
23 does he?
24 A Not to my knowledge, no.
25 Q And you don't have any other children yet,
80
1 do you?
2 A Yet, no.
3 Q Okay. And obviously you're pregnant?
4 A Correct.
5 Q And you're expecting your second child when?
6 A August 6th.
7 Q Okay. And Mr. Schaeffer testified that the
8 child would be born by Cesarian section; is that right?
9 A Correct.
10 Q And you have a scheduled date of August 6th?
11 A Correct.
12 MS. BOYLE: Excuse me, Your Honor, I have to
13 object to the form of the question, Mr. Tyson. You called
14 him Mr. Schaef fer.
15 MR. SMITH: My fault.
16 MS. BOYLE: I just wanted to keep everyone
17 straight.
18 BY MR. SMITH:
19 Q What is your current marital status?
20 A I am married to Gary Schaeffer. We've been
21 married for al most 1 year.
22 Q What is the date of marriage?
23 A September 1st of 2001.
24 Q Okay. Now, when did you -- when was your
25 final separati on from Mr. Tyson?
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1 A I believe it was towards the end of August.
2 The proceedings I had to file twice took over a year.
3 Q End of August of what year?
4 A 2001.
5 Q Okay. And following your separation from
6 Mr. Tyson, could you trace the history of how custody has
7 been of Lake?
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A I would pick him up in the morning or Ed
would drop him off in the morning, depending on whether or
not he had to drive to Kennett Square. He would usually
drop him off at 7:30 if he had to travel out of town. I
would be with Lake during the day. Then he would pick him
up at 5:30 in the evening and take him home.
Q What time would you pick him up in the
morning?
A I do admit sometimes I was late. I have
very bad morning sickness. It was the same with my son. I
lost ten pounds the first time. I lost five this time.
That was very difficult for me to leave in the morning.
There has been several times where I was having to pull off
on the side of the road driving to get Lake, but I made it
there and I was always in contact with him. I always gave
him a phone call.
Q The order that was dated -- that is dated
April 19 of 2001, says that you have Lake from 9 a.m. to
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5:30 p.m.?
A Correct.
Q Okay. Would you -- more often than not
would you be there by 9:00 to pick him up?
A Yes.
Q Okay.
A I was a few minutes late sometimes, and I
think a lot of those X's and O's are not very true, them
stating that I was over an hour late. That did not happen
as often as they are saying.
Q Okay. But you've been following the same
basic schedule since you --
A Correct.
Q -- and Ed separated; is that right?
A Correct, yes.
Q Okay. And did you have an occasion to --
did you have a chance to look at Exhibit 1 that was
presented by Mr. Tyson?
A I did.
Q And did you look at all of the X's and O's?
A Yes.
MR. SMITH: Okay. May I approach the
witness?
THE COURT: Sure. Go ahead
BY MR. SMITH:
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1 Q Okay. Jen, I'm going to show you what's
2 presented as Plaintiff's Exhibit 1, and you took a look at
3 it just for the first time today; is that right?
4 A I had looked at it at the conciliation
5 hearing.
6 Q Okay. All right. And it goes back as far
7 as October of 2000, correct?
8 A Correct.
9 Q And do you know what the X's mean?
10 A I believe it's supposedly the dates that he
11 was at Lake's -- or Lake was at his dad's house in the
12 morning.
13 Q And the red circles?
14 A Supposedly when I was hours late.
15 Q Okay. Did you keep a similar calendar of
16 your own?
17 A Once in a while I did, again, on advice of
18 counsel, but I really didn't feel it was necessary. I
19 thought it was -- we were working together, and some things
20 happen. Sometimes you're late. There's been occasions
21 where he's been stuck in traffic in Westchester, and I
22 didn't think it was such an issue.
23 Q Okay.
24 A Things happen.
25 Q Looking at this calendar, beginning in
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1 October of 2000, continuing through November and December
2 of 2000, January of 2001, February and March of 2001, there
3 are no red circles at all, correct?
4 A Correct. And we at that time had already
5 even purchased the building. So I know he had many issues
6 he thought were concerning because of the cafe, and
7 obviously are not since we've already started construction
8 in working with the cafe.
9 Q Okay. And the first time that there are any
10 red circles is April of 2001?
11 A Correct.
12 Q There are several during that month. Do you
13 remember back well more than a year ago being late any time
14 that you picked Lake up that month?
15 A I cannot recall, no.
16 Q Okay. Might there have been times during
17 April of 2001?
18 A Sure.
19 Q That you were late?
20 A Yes. There could have been. The travel
21 time is very difficult. There is traffic, but I always
22 made it there, and I always came to get him.
23 Q Has there ever been an occasion when you
24 were late picking up Lake when you did not call Ed to tell
25 him that you would be late?
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1 A No.
2 Q And were you ever late -- he's saying you
3 were late for an hour, maybe even more. Were you ever
4 late to that extent?
5 A Towards -- when I became pregnant with the
6 morning sickness, yes, there was some times where I would
7 pick him up later, about an hour late.
8 Q But, again, not without further --
9 A Not without talking to him, no.
10 Q Okay. So when he has 9 circles for the
11 month of April of 2001, do you know whether that's accurate
12 or if it's not accurate? Do you know whether it's
13 accurate?
14 A I do not know.
15 Q Okay. Might you have been late as many as
16 9 times that month?
17 A No.
18 Q You're saying you weren't?
19 A Well, if they're considering this as being
20 late more than fifteen minutes than no.
21 Q Okay. And if you're late fifteen minutes
22 or so, is there any inconvenience imposed on Mr. Tyson?
23 A He would -- when I would call him he would
24 say, no, that was fine or if there was, we would make a
25 different arrangement of some sort.
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1 Q Okay. Through the rest of the calendar,
2 from May of 2001 really up until the present there are --
3 the calendars are replete with circles, and you're saying
4 that on those occasions you were never late more than 15
5 minutes?
6 A Most likely, no.
7 Q Okay. Well, were you or weren't you? Do
8 you ever remember being more than fifteen minutes late
9 other than you're testifying there were a couple of times
10 due to the morning sickness?
11 A No.
12 Q Okay. So he's in error if he says that you
13 were late that amount of times?
14 A Correct.
15 Q Okay. He also said that there were
16 occasions that you just didn't show up all together. Have
17 you ever not appeared for a scheduled time to have custody
18 of Lake?
19 A There was, I believe, two times, which I did
20 call to give him the first right of refusal. One time
21 because I was sick, and one other time I believe because --
22 was because of the cafe.
23 Q And those two times are really since you
24 separated. There have been two times --
25 A Correct.
87
1 Q -- all together from say August of 2001 --
2 2000 or 2001 you separated?
3 A 2000.
4 Q 2000. Up until now, two times that you
5 didn't have him?
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A Correct.
Q And you made arrangements with him to cover
those circumstances?
A Right. There's not been a single time
where I did not show up without not doing anything.
Q The order that was entered back in April of
2001 was entered pursuant to an agreement that was reached
at a conciliation conference; is that right?
A Correct.
Q Okay. And what was the reason that this
schedule was entered?
A To accommodate Mr. Tyson, with his work
schedule being 9 to 5, to have some time to see Lake since
I was at home with him during the day.
Q In terms of the waking hours that are spent
with Lake, you have more than Ed; is that right?
A Yes. That's what the conciliator agreed,
that as far as he was concerned --
MS. BOYLE: Objection, she can't testify to
the conciliator's statements.
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1 THE WITNESS: Okay.
2 THE COURT: Sustained.
3 BY MR. SMITH:
4 Q But you have more waking hours; is that
5 right?
6 A Yes, correct.
7 Q And have you followed this schedule since
8 April of 2001 ?
9 A There has been sometimes where Ed has asked
10 me to switch days because he was going out of town or to
11 switch weeken ds because of maybe a birthday party or a
12 family ordeal in which we both accompanied each other for.
13 Q Okay. From your standpoint how has this
14 arrangement worked?
15 A It was fine because of the fact that Ed
16 needed some t ime to see him because he worked during the
17 day.
18 Q Okay. Did you anticipate that the schedule
19 would need to change at some point?
20 A Yes. We knew that from the beginning.
21 Q That would coincide with your son attending
22 school?
23 A Correct.
24 Q Correct? You've lived in Mount Gretna for
25 how long?
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1 A I believe about a year and a half.
2 MR. SMITH: May I approach, Your Honor?
3 THE COURT: Certainly.
4 BY MR. SMITH:
5 Q Jen, I'm going to show you a series of
6 photographs that have been collectively marked as
7 Defendant's Exhibit 1, A through P. Could you indicate
8 what these are?
9 A Yes. That's the --
10 Q Are they photographs?
11 A They're photographs of our home.
12 Q By whom were they taken?
13 A Myself.
14 Q When did you take them?
15 A Just this week.
16 Q Okay. And if you could review each photo?
17 A The first one is the computer area that Lake
18 -- we get together on the internet and play computer games.
19 Q Could you pass each one up to the Judge as
20 -- after you --
21 A Sure. The second one is of the bathroom
22 with his step stool. This is where he brushes his teeth.
23 The third one is of Lake's room with curtains that my
24 mother made for him and the artwork that he likes to
25 collect, whether it's Star Wars, and he likes to collect
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Santa Clauses. So we bought him a painting of a Santa
Claus and an angel for Christmas.
This is where Lake -- what he kind of calls
his office with pictures on his desk, and he has a cash
register there that he plays with. This is the bathroom,
the mirror, the sink where Lake takes his baths. There's
his robe, and we also put his step stool over there so he
can get up into the bathtub.
This is Lake's art center, his other office
that he has downstairs in the family room that he plays
with. This is the screened in porch where we have dinners
and some breakfasts if he did not have breakfast with his
dad. Sometimes he comes in hungry and he said his dad gave
him just a Nutragrain bar. So we usually have breakfast
out there.
This is just another angle. This is the bay
window, the room that Ed was talking about that's Lake's
Playdough station. The Playdough does get put away and
brought back out very frequently. We've had family
members over. He has friends over. They hang their
artwork on the bay window. You can see it from the outside
of the house, and that's their Playdough station.
This is from the back of the house to show
that you can see their artwork that's hanging from the bay
window. This is the Mount Gretna Halloween parade which
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1 Lake was in with his friend Avery who attends Cornwall
2 School District and is a friend of his.
3 This is from the cafe. His friends, Helena
4 and Lauren which live down the street that he goes to the
5 library with, and come to see us, and we go down to play
6 with them, when we went trick or treating in Elizabethtown.
7 And the last one is of the car seat that Ed had in his
8 vehicle that was inappropriate for Lake as far as his
9 height and weight, which I brought to his attention, and
10 since I believe he has corrected, but he's had it for
11 months, that I felt was not in Lake's best safety
12 interests.
13 Q And how so?
14 A It's a booster seat. Lake's only five.
15 He's not even close to 40 pounds yet. They're supposed to
16 be in a five point restraint harness when they're in the
17 vehicle, and he was not.
18 Q Now, when Ed testified he said that the
19 condition of the exterior of your house is in poor
20 condition. Did you hear him say that?
21 A Yes, I did.
22 Q Do you have pictures there that depict the
23 exterior condition of your house?
24 A Yes. The one that shows the bay window.
25 Q Okay. How would you describe the condition
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of your house?
A The house is still under construction. We
have recently remodeled every room in the house. The
outside is next. That is to be done in a few months. We
have granite c ounter tops to extensive artwork, Oriental
rugs. The ho use is in very good condition.
Q Both interior and out?
A The outside does need some work, but it is
compliant and safe.
Q What kind of work needs to be done?
A We're going to replace all of the shingles.
The roof has been already replaced. We'll be replacing all
of the shingle s on the outside.
Q Okay. How many rooms are in your house?
A There is eight and the screened in porch,
which makes ni ne.
Q How many bedrooms?
A There are two.
Q Okay. Lake has his own room?
A Correct.
Q Nobody else lives with you there?
A No.
Q What will be the arrangements when your new
child is born?
A Our room is rather large. We are either
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1 putting on an addition to expand Lake's room and put a new
2 room, or to put the wall back up and make it three rooms.
3 The rooms are very large that we are able to do that. It
4 was a four bedroom home which was turned into two when my
5 husband was there himself, which can easily be made into
6 three nice sized rooms.
7 Q Now, could you describe the setting of your
8 home?
9 A Very quaint, not very busy at all. There's
10 other mothers in the area. It's very quiet to walk.
11 There's a lot of activities to do in the area. The junior
12 shop. The playground's right down the street. The Lake
13 is across the street from us. You can see it from our bay
14 window. His friend lives down the street, which we
15 frequently go to see, Avery, who also attends the Cornwall
16 Elementary School District.
17 Q Are you in a residential neighborhood?
18 A There are not many people that live there
19 all year round. Most of them are summer homes.
20 Q Okay. But you do live there year round?
21 A Correct.
22 Q And how close -- and what proximity is the
23 school from where you live?
24 A I believe it's about a half mile.
25 Q And that's the Cornwall Elementary School?
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1 A Correct.
2 Q What grades go to that school?
3 A I believe it's first through sixth -- or
4 kindergarten through sixth, I'm sorry.
5 Q Okay. Now, you heard Ed testify about the
6 West Shore School District?
7 A Correct.
8 Q And the school that Lake would be attending
9 if he were to -- if the custody arrangement would be with
10 him primarily?
11 A Yes.
12 Q Okay. Did you take any measures to
13 research the two different school districts?
14 A I did. I had spoken with a principal, Mrs.
15 Rundle.
16 Q At what school?
17 A Washington Heights.
18 Q That would be in the West Shore School
19 District?
20 A Correct.
21 Q Okay.
22 A We had spoken about the issue of the West
23 Shore School District rotating teachers and principals.
24 We had spoken -- which I firmly do not agree with. I
25 think the teacher should be there to make a connection with
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1 the students, not to be transferred out every so often.
2 She also wanted to know how I knew that. She was very
3 offended that I even brought up the fact that they do that.
4 We also talked about their PSA scores, which she did not
5 know. She couldn't give me an exact number. She said
6 they were around average, maybe a little bit below, and the
7 reason that they were below --
8 MS. BOYLE: Objection.
9 BY MR. SMITH:
10 Q You can't say what she told you.
11 A Okay. I'm sorry.
12 Q What did you conclude as a result of your
13 research of the two different schools?
14 A My feelings, that the Cornwall Lebanon
15 School District, because of the renovations, because of the
16 larger computer lab, because of the small class sizes,
17 because they do not rotate teachers, and because of their
18 PSA scores, even with mentally challenged students were
19 higher than the West Shore School District, I felt that the
20 Cornwall Lebanon would give Lake better opportunities, but
21 they are pretty much comparable.
22 Q Okay. Do they both offer half day
23 kindergarten programs?
24 A They do.
25 Q Do you have the option of full day?
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1 A Of full day, no.
2 Q Okay. And if Lake were to attend the West
3 Shore School District on a half day, do you know whether
4 morning kindergarten i s guaranteed if requested?
5 A I do not know if -- no. What I was told by
6 the principal --
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MS. BOYLE: Objection.
THE COURT: Overruled. Overruled. Go
THE WITNESS: Okay.
MR. SMITH: Go ahead. You can say it.
THE WITNESS: Okay. That the school
districts choose whether it is a.m. or p.m., but you may
put in a request, and then I was also told that they have a
custodial agreement, which the parent that lives in the
school district can only receive a phone call if the child
was ill or would only receive -- that parent would also
only receive a report card, and she would not budge. She
told me that since I lived out of the district, they would
not be calling me. They would not -- that that's their
custodial agreement. That's what they have.
Cornwall Lebanon said if parents request to
be called or to have another report card, they would issue
it.
Q Okay. Do you know whether Lake would
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1 attend morning or afternoon kindergarten sessions at
2 Cornwall Lebanon?
3 A It's the same situation, they choose, but
4 you may put in a request.
5 Q Now, how far did you go in school?
6 A Two years of college.
7 Q What course of study did you take in
8 college?
9 A Elementary Education.
10 Q Okay. You don't have any degrees or
11 anything like that?
12 A No.
13 Q Do you intend to go back to school?
14 A Perhaps for a different field.
15 Q Okay. But no immediate plans to do that?
16 A No.
17 Q Okay. Now, Ed talked about your employment
18 during the time that you were married to him. Could you
19 please indicate where you were working and what your
20 general hours and days of employment were?
21 A Sure. At the beginning I was working for
22 Keystone Applebys. I was bartending. At that time Ed
23 was -- we were paying off his student loans and he was
24 entering a Master's program, which I worked to help pay
25 for. I worked very late hours.
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1 Sometimes I had to close the bar, and I came
2 home around 2:30 in the morning, and I got tired of coming
3 home so late , and then I switched to coaching gymnastics,
4 which was a little bit better. You don't have kids out at
5 2:30 in the morning. The latest class we would have would
6 leave out at approximately 8, 8:30.
7 Q After Lake was born and prior to your
8 separation f rom Ed, did you ever work full-time outside of
9 the house?
10 A No, I've never had a full-time job.
11 Q How many days per week did you work during
12 those years?
13 A It varied. Whether they needed someone to
14 come in sometimes 2, 3 days. When I was coaching, if we
15 had gymnasti cs meets on the weekends, it could be five
16 days, but I worked very minimal hours during the evenings
17 because the kids were only let out of school, and classes
18 usually did not start until about 4 or 5:00.
19 Q Okay. When you and Ed were together, were
20 you home all day with Lake?
21 A Correct.
22 Q Would Lake be awake by the time that Ed
23 would leave for work?
24 A No, usually not.
25 Q And you heard me ask him about who performed
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the parental caretaking duties?
A Correct.
Q From your standpoint, who would you say
performed most of those duties, and by that I mean the
cooking, the feeding, bathing, taking him to the doctor,
all of those sorts of things?
A I did, and if I was not available my mother
watched him.
Q Okay. Well, Ed wasn't there during the
day?
A No. There was a layover time, and because
he was going to graduate school in the evening, that he was
not around much at all. He was working during the day and
then he was gone during the evening. So my mother would
take care of him while I worked.
Q Okay. During the time that you and Ed were
together, how long was he in graduate school so that -- to
the extent it required him to be out at night?
A I believe his program took around close to
two years.
Q Okay.
A Sometimes it's hard to remember back that
far.
Q And was that during the time after Lake was
born?
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1 A Correct.
2 Q All that time?
3 A All the time. He was in undergraduate when
4 Lake was born.
5 Q Now, Ed said that you never bathed Lake,
6 that he did that all of the time? Is that true?
7 A I bathed him occasionally. Sometimes I had
8 asked Ed to bathe him because my son has eczema. It was
9 very, very, hard for me to bathe him when he's crying. He
10 had eczema since he was 3 months old. He would wake up
11 and his crib sheets would be bloody because he would
12 scratch himself. It was very difficult for me to bathe
13 him.
14 Q Okay.
15 A And as far as having two parents, I thought
16 sharing responsibilities like that was the reason for
17 having them.
18 Q Okay. I don't want to dwell on this issue
19 because I don't think -- not much needs to be heard of it,
20 but Ed said that the reason that you separated was because
21 you were involved with Gary?
22 A No.
23 Q Was that true?
24 A No. We went to counseling before that.
25 We were also talking of divorce early in our relationship,
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1 and then we made it through, and towards the end it was not
2 working, and, no, the reason was not because of
3 Mr. Schaeffer. We were having problems before then.
4 Q Did you know Gary prior to your separation?
5 A Not that well, no.
6 Q Okay. Had you had any romantic involvement
7 with Gary prior to your final separation from Mr. Tyson?
8 A The weekend that we were in Virginia Beach
9 was the first time that we were romantic.
10 Q When was that?
11 A That -- oh, my goodness, that was right
12 before we separated. I believe the end of September. I
13 actually -- we separated very shortly after that.
14 Q Okay. Now, in terms of your current
15 employment, what do you do?
16 A We own a coffee shop in Elizabethtown..
17 Q And that coffee shop is known as what?
18 A The Grateful Bean Cafe.
19 Q And where is it in proximity to where you
20 live?
21 A About fifteen minutes away.
22 Q Okay. And when did you purchase it?
23 A We purchased the building February 15th of
24 -- it would be 2000. The business started June 26th. So
25 this past June 26th we were open for one year.
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1 Q Okay. What did Gary do before then?
2 A He was retired.
3 Q From?
4 A World Com.
5 Q What's that?
6 A The telephone corporation that's in the news
7 right now.
8 Q How long had he worked there?
9 A For many years. I believe, oh, jeez, about
10 six. Before that he was with Sprint, Bell Atlantic, AT&T.
11 He was in the telecommunications business pretty much most
12 of his adult life.
13 Q Okay. And tell me about the coffee shop.
14 What kind of food, what kind of service do you provide?
15 A We have gourmet coffees and teas, deli style
16 sandwiches, s oups, salads, ice cream, and desserts.
17 Q What are your hours of operation?
18 A Mondays we are open 8 a.m. to 3 p.m.
19 Tuesday through Saturday, 8 a.m. until 11 p.m., and closed
20 Sunday.
21 Q Okay. And how many people work there?
22 A There are six.
23 Q Okay. Are your hours now different than --
24 well, obvious ly, you're very pregnant, but are your hours
25 there now dif ferent than they were when you first opened
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1 the shop?
2 A Yes.
3 Q How have your hours changed?
4 A They've decreased. A few months before my
5 husband had his accident -- it was about three months
6 before my husband had his accident in February I was hardly
7 there at all, and then after he had his accident I had to
8 take it over until he had recovered, and he was gone for
9 maybe about two months, and then slowly came back. So
10 even though he was there, I still helped out just to make
11 sure everything was okay with him physically.
12 Q What were the injuries that he sustained?
13 A He had a collapsed lung, a fractured
14 collarbone, shoulder, and ribs.
15 Q Okay. And is he fully recovered from those
16 injuries?
17 A The bones should be healed now, yes.
18 Q Are there any limitations on his ability to
19 work?
20 A No.
21 Q Okay. So he's back full-time?
22 A Correct.
23 Q Is he there when the -- when the shop opens
24 and when it closes?
25 A He is there when it opens. We usually
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1 leave, if I'm there, after lunchtime. I'll leave. He
2 stays sometimes, depending on whether -- if he has meetings
3 or orders to place. Sometimes if we have an art opening
4 or comedy on a Saturday, if it is extremely busy he'll go
5 in to check on things.
6 Q Okay. So what are your hours of employment
7 right now?
8 A It varies. I usually go in in the morning
9 to help Gary, and I leave from there to get Lake. We may
10 stay up until lunch and then head home or run errands or go
11 to the library. There's a comic book store right next
12 door that we frequent. The owner of that shop works -- is
13 employed by us also.
14 Also we have friends down the street that we
15 go to see.
16 Q Okay. And what do you anticipate your work
17 hours, if any, following the birth of your baby?
18 A Very minimal, if any.
19 Q Have you talked with Gary about that?
20 A Yes.
21 Q And your plan is that you're going to be a
22 stay-at-home mom?
23 A Correct.
24 Q And is that consistent with what you
25 represented at the most recent conciliation conference?
105
1 A Correct.
2 Q Okay. Now, Ed testified about his concern
3 that your family finances may not be in order. How are
4 your family finances?
5 A Fine.
6 Q Okay. Is your cash flow okay?
7 A Cash flow is fine.
8 Q Do you have any idea of what your net worth
9 is?
10 A A little over a half million.
11 Q I mean what does that consist of?
12 A It consists of three properties, the
13 business, artwork, and antiques.
14 Q Okay. Do you have savings moneys?
15 A Yes.
16 Q Okay. Do you know how much?
17 A No.
18 Q Does Gary pretty much control that?
19 A Gary takes care of that part.
20 Q Okay. Now, you heard testimony from Ed
21 that the cable was shut off?
22 A Correct.
23 Q Was that true, that that happened?
24 A Yes.
25 Q How did that come about?
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1 A I missed a bill. I helped take care of
2 three properties, and once in a while a bill gets missed.
3 Q Okay. Well, didn't you receive notice that
4 if you didn't pay that it would be shut off?
5 A I did not see the notice, no.
6 Q So the cable was shut off?
7 A Correct.
8 Q He also testified that you indicated to him
9 that you were having trouble to the point where you were
10 going to discontinue phone service, stop your cell phone
11 or --
12 A -That is correct. I did stop my cell phone.
13 We changed our phone service, the long distance, which is
14 still in the process of a mix-up, even at the cafe because
15 we were using the same company, but no, we were not filing
16 for bankruptcy. We have not even approached anyone about
17 that issue.
18 Q Have you ever contemplated bankruptcy?
19 A No.
20 Q And you're able to meet your bills with your
21 current income?
22 A Correct.
23 Q Are all of your bills paid in full?
24 A There are some outstanding because you run a
25 continuous balance with food venders. So there's always
107
1 something out there.
2 Q Okay. What about the bills concerning your
3 residence? Are they all current?
4 A They're fine.
5 Q Have they ever not been current?
6 A Not that I can remember, except for the
7 cable bill.
8 Q Okay. So your family finances are fine?
9 A Correct.
10 Q Now, you heard Ed testify about his
11 employment?
12 A Yes.
13 Q And he said that he has to travel on
14 occasion?
15 A Correct.
16 Q You knew that he had to travel from time to
17 time?
18 A I did not get much warning of when he was
19 going to be. It was usually a couple days before, and the
20 only reason he would ask is because he would ask to switch
21 nights because he spent some overnights in Kennett Square,
22 some in Boston, and more than just an overnight in Florida
23 twice.
24 Q Okay. Now, he says that with respect to
25 Kennett Square -- I guess that's a Regional Office; is that
108
1 right?
2 A From what I understand.
3 Q He goes there about once a week?
4 A Recently it's been once or twice a week.
5 It's not been consistent of what day he goes, and normally
6 I have to ask him when he comes to pick up Lake what's
7 going on for tomorrow. So first of all it's very hard for
8 me, if I would have to go into work, to schedule something.
9 I don't know if I have to drop him off at home or if Ed
10 would drop him off at our house at 7:30 in the morning. So
11 sometimes it's difficult. The first couple of months it
12 averaged 4 days a week that he --
13 Q The first couple of months --
14 A When he started his job in September. It
15 was shortly after we were married, it averaged about --
16 like he had said, very frequently, 4 or 5 times a week I
17 would say about the first 4 or 5 months so he could be
18 familiar.
19 He would drop Lake off at 7 or 7:30 in the
20 morning, which was extremely early for him to get up with a
21 45 minute drive. Lake was very cranky. We had a hard
22 time with discipline because he was so cranky. He was
23 exhausted, Daddy woke me up too early. He would come
24 without his teeth being brushed. He was sent off with a
25 Nutragrain bar or a little baggy for breakfast.
109
1 Q Does it concern you now that if Gary -- or
2 if Ed were to have to travel to Kennett Square once or even
3 twice a week, what would be done in terms of Lake's care?
4 A Right.
5 Q What --
6 A I have an issue of -- if he was attending
7 school on the West Shore School District, and even if his
8 job was flexible and let him come to Kennett Square after
9 10:00, who be there to take care of him if an accident had
10 occurred or if Lake were to be sick. Because of the
11 custodial agreement, unless they would bend that, they
12 would not call me, being his mother, and plus I have a 45
13 minute drive to come get him, which if a child is sick, 45
14 minutes is pretty long for him to sit and wait.
15 Q So if Lake were to attend the Cornwall
16 School you don't have that concern?
17 A Correct.
18 Q Do you know like in -- say the past 6 months
19 or so how many times Ed would need to go to Kennett Square
20 more than once a week?
21 A So you're asking in the past 6 months if
22 he's been in Kennett Square more than once? I would say
23 yes, that he does go more than once a week. I don't have
24 anyone following him so obviously on days that I have Lake
25 overnight, I believe he goes to the office. That would be
110
1 on a Wednesday or a Friday. But, again, I guess you would
2 say it's hearsay because I don't have anyone tailing him.
3 Q Okay. And do you have any reason to
4 dispute the times that Ed says he's spent overnight out of
5 the state?
6 A I believe it's more than what he had said.
7 He said overnights, but the two in Florida were more than
8 just an overnight.
9 Q Okay. Do you have any reason to think that
10 his continued employment will require anymore travel as
11 time goes by?
12 A I do, yes.
13 Q And has it been more frequent in recent
14 years?
15 A Well, he's only been at his job I don't
16 believe -- well, I guess it's almost a year.
17 Q Okay.
18 A So I wouldn't be able to tell a pattern.
19 Q Okay. Did you, in fact, register Lake to
20 attend kindergarten in Cornwall?
21 A No, I did not.
22 Q Okay. Did you take the steps to make sure
23 that he could be registered upon short notice?
24 A Correct.
25 Q What did you do in that regard?
111
1 A I had taken him to the registration. I had
2 spoken with a principal beforehand. I was not submitting
3 his birth certificate. I was not submitting his shot
4 records, and they haven't documented that, depending on the
.5 court hearing, which I told them, because at that time it
6 was scheduled for August, Lake would either be going to
7 school with me in the Cornwall Lebanon School District or
8 with his father in Lemoyne.
9 So they know the situation, and the reason
10 that I had done that was it was in our prior agreement that
11 Lake would go to preschool, which was very pushed by Mr.
12 Tyson. We were told to look at an area between our homes,
13 which I was in charge of picking, three preschools to look
14 at, which none of Mr. Tyson went to except for one in
15 Elizabethtown 3 weeks before the end of preschool. So Lake
16 missed out on preschool, and I did not want him to miss out
17 on going to kindergarten.
18 Q Okay. So you tried to get Lake enrolled in
19 a preschool program?
20 A I did several times, yes.
21 Q Ed wouldn't agree so he didn't go?
22 A No, because he said it wasn't close to his
23 house, even though that was not a part of our custody
24 agreement.
25 Q Well, were there any suggested preschool
112
1 programs that Ed had offered?
2 A He did. One -- this was at the very
3 beginning when he was living in Enola. We looked at one in
4 Enola.
5 Q How prepared would you say that Lake is to
6 attend kindergarten?
7 A He's very prepared.
8 Q Okay.
9 A We took steps to make sure that happened.
10 Along with Ed, I read to Lake a lot. He had spent some
11 time with other kids in the area so he could get acquainted
12 and he could get some social skills with children his own
13 age. He's been exposed to music. He took violin classes
14 for a semester. We've been to many art openings. He's
15 seen pottery made. He's seen glass pieces made. He's
16 been exposed to a lot for a five year old.
17 Q Are there other children that he knows in
18 your area that will be attending kindergarten or first or
19 second grade at Cornwall?
20 A Avery Pulchinski.
21 Q Any other children that he knows?
22 A There's one little boy who lives down the
23 street who's a little bit younger than Lake, but he won't
24 be of school age yet.
25 Q Now, you heard Ed describe a typical day
113
1 that he would spend with Lake. Could you describe the
2 typical day that you would spend with him?
3 A If we were at the cafe, depending on whether
4 I picked him up or if I dropped him off, Lake helps by --
5 he likes to stack the bottle drinks in the cooler. We do
6 that together. We visit the comic book store almost every
7 day. There's a brand new public library that we play
8 computer games at, and also we would frequent our friends
9 down the street. And there is a park that we visit.
10 Q Okay.
11 A And we feed the ducks.
12 Q Okay. What about educating him in terms of
13 reading with him and that sort of thing? Do you do that?
14 A Yes. We read the comics that we get from
15 the comic book store, and we also go to the library and
16 when he's home we read books at our house. Every night we
17 read books to him before bed.
18 Q Ed expressed some concern about the safety?
19 A Um-hum.
20 Q Of your -- of the coffee shop when Lake is
21 there. Are there health or safety concerns about your
22 establishment when he's there?
23 A No. Lake is usually right beside us.
24 Q Where is the children's room that Ed was
25 talking about?
114
1 A It is where he described, and normally if
2 I'm working, I make sandwiches, and the sandwich station is
3 right beside where you can look over to see into the kid's
4 room. He does not spend much time there at all.
5 Q Are you talking about in the facility?
6 A Right, in the kids room.
7 Q Oh, in the kid's room?
8 A He's usually not there. We're usually out
9 doing something or he's helping me with something. Like I
10 had stated before, whether it's stacking the soda case or
11 getting change or talking to people, he's usually with us.
12 Q Does he enjoy being there?
13 A Yes, very much so. I pick him up in the
14 morning and he usually asks what are we going to do today,
15 and if I say we're going home, I want to go to the Bean.
16 I want to go to the Bean. I know it's on the contrary to,
17 of course, what Ed states, that, oh, we just kind of hung
18 out at the Bean. I have the liberty, if he gets tired of
19 it, we go home. There's other employees there.
20 Q Okay.
21 A He chooses. He likes to be there.
22 Q Okay. Do you know what the kindergarten
23 hours would be? Let's say Lake goes to the morning session
24 of kidnergarten. Do you know when it starts?
25 A I believe it starts at 8:50.
115
1 Q Do you know when it would start in the West
2 Shore School District?
3 A I believe around the same time. I believe
4 they're very comparable with each other.
5 Q And it would end around what time?
6 A I believe like 11:35.
7 Q Okay. Does it concern you at all that
8 you're going to be having a baby here and your time's going
9 to be occupied I guess in great part by that child?
10 A Yes, the child will -- babies do need a lot
11 of attention, but there's still no reason that I could not
12 get Lake to school either by the bus or myself driving him.
13 It's a half mile down the street.
14 Q You're not the only mother that --
15 A No. That has more than one child.
16 Q Who has more than one child.
17 A Correct.
18 Q One of many of whom attend school?
19 A Yes.
20 Q Now, Ed testified that he enjoys many
21 outdoor activ ities with Lake. I would expect in Mount
22 Gretna there are outdoor opportunities?
23 A Sure, yes.
24 Q What types of outdoor activities do you do
25 with him?
116
1 A We do not frequent the playground that
2 often. We usually walk. He has chalk that he draws on
3 in the drive way, and there's a path right behind our house
4 that we walk down to, to around the lake.
5 Q Now, there was some testimony about where
6 the extended family lived, like the grandparents. Your
7 parents live where?
8 A Off of Union Deposit Road in Swatara
9 Township, which is about a half hour away from us.
10 Q And how far is it away from where Ed lives?
11 A About 20, 25 minutes.
12 Q Okay. Are your parents here today?
13 A Yes, correct.
14 Q Did they provide any care for Lake when --
15 at any time?
16 A Yes. Not as often now. When I had a
17 part-time job when there was a layover between Ed getting
18 off of work and myself being at the other job, they do not
19 see him that often.
20 Q Okay.
21 A No.
22 Q What about Ed's parents? Where do they
23 live in proximity to you?
24 A Right around the corner from us.
25 Q Okay. Do they see Lake frequently?
117
1 A I believe they do. Every Thursday they have
2 dinner together. After Ed picks him up from our house
3 they go up, and I believe they usually go to the Hideaway
4 and have dinner.
5 Q Okay. Do you have any other relatives in
6 the area?
7 A My grandmother. She's right off -- right
8 in Harrisburg. So it's about 10, 15 minutes away from Ed,
9 and about 40 minutes away from us.
10 Q Okay. Now, Ed testified that Lake had
11 reported to him that Gary is grumpy, that there are
12 problems between you and Gary, and that, you know, you're
13 crying, and that there was this incident where the tire
14 went down into the lake. Can you comment on those
15 occasions?
16 A Sure. The tire he pulled out of the
17 Mercedes and it rolled down the hill, and someone had
18 yelled up saying that the tire went into the lake. At
19 that time the lake was not filled. This was shortly after
20 his accident. So I had volunteered to walk down. I said
21 no problem. The lake's not filled. I'll just walk in and
22 get it.
23 Well, I walked in, and my feet got stuck,
24 and I asked Gary to hand me a stick. He threw in the
25 stick. I got the tire, and Gary rolled it up the hill.
118
1 And as far as me crying, and Ed had could testify to this,
2 part of my pregnancy is when I would laugh extremely hard I
3 burst into tears, and I cry. That's where the crying came
4 from. I had volunteered to get the tire.
5 Q You and Gary get along well?
6 A We do.
7 Q No problems in your marriage?
8 A There's no problems. At one point we were
9 spending a lot of time together between the cafe and being
10 at home, which did put a strain on our relationship, and we
11 looked at it and we said, there's no reason for me to be
12 here. I'm going to go home. We're spending way - we
13 were basically together all day long. Most people can't
14 spend that much time together. You drive each other nuts.
15 So I stayed at home.
16 Q Now, Ed also presented some commentary about
17 your emotional state, and that you've been treated for
18 depression in the past?
19 A I had taken an antidepressant, correct.
20 Q When were you taking antidepressants?
21 A It started shortly before we had met, and
22 then ended shortly after we were together.
23 Q You and Ed?
24 A Correct, yes.
25 Q Okay. Do you remember what you were
119
1 taking?
2 A No.
3 Q It's been that long that you don't even
4 remember?
5 A Right.
6 Q Were you ever seeing a counselor or a
7 therapist for any health related reasons, mental health
8 reasons?
9 A I saw a psychologist to be able to have the
10 medication, and we had a counseling session and he said he
11 felt -- he did not feel it was very --
12 MS. BOYLE: Objection.
13 THE COURT: Pardon?
14 MS. BOYLE: Objection, Your Honor. She's
15 testifying as to what the counselor told her.
16 THE COURT: Well, I'll let her go ahead.
17 BY MR. SMITH:
18 Q Go ahead.
19 A He felt that I did not need the medication.
20 I also had a b lood test that showed a very minimal chemical
21 imbalance, and that is the reason why he prescribed it.
22 Otherwise he would not have.
23 Q Okay. Are you being treated or do you take
24 any medication for any emotional condition now?
25 A No.
120
1 Q How is your mental outlook?
2 A Fine.
3 Q Okay.
4 A Besides the pregnancy and the hormones, just
5 fine.
6 Q Okay. How is your overall health, your
7 physical health?
8 A Very well.
9 Q Is Ed similarly in good health?
10 A Yes.
11 Q And Gary's in good health now?
12 A Yes.
13 Q Do you participate in any formal religion at
14 all?
15 A We are going to be attending the
16 Fredicksburg Methodist Church. We went over Easter and
17 Lake enjoyed it. My husband's brother attends the church
18 and has a 7 year old daughter. At that time the cafe was
19 open on Sundays, and we decided to close to spend that time
20 for family and to go to church after the baby -- we'll
21 start after the baby's born.
22 Q Okay. Has Lake attended church while in
23 your care?
24 A Very few times.
25 Q Okay.
121
1 A Very few times.
2 Q What about when he's with his dad?
3 A None that I know of.
4 Q Do you know whether Ed belongs to any
5 religious group?
6 A No, he does not.
7 Q Do you know if he's religious at all?
8 A No, he is not.
9 Q So non-religious or an atheist or do you
10 have any idea what he is?
11 A Non-religious, borderline atheist. He did
12 not want Lake to be baptized, and his mother was very
13 upset, and he had told her that she can take him off and do
14 it, but he was n't going to.
15 Q Okay. And you were raised in what
16 religion?
17 A Methodist.
18 Q Okay. How about Gary?
19 A I believe Methodist also.
20 Q Okay. But it will be a Methodist church
21 that you'll be attending?
22 A Correct. Yes.
23 Q Have you taken the steps to become members
24 of that church ?
25 A After the baby is born.
122
1 Q Now, there was some testimony by Ed about
2 concerns he had about Gary?
3 A Um-hum.
4 Q And one of them being the accident that
5 happened in February?
6 A Yes.
7 Q He was suspicious that there may have been
8 alcohol involved. Do you know -- are you familiar with
9 that accident?
10 A Yes.
11 Q What happened? What was the accident?
12 A The accident report stated that he just had
13 taken a curve, was on a straight-away. They believe there
14 was a small animal that ran in front of him. He had
15 swerved, overc ompensated bringing the Jeep under control.
16 The Jeep spun around and hit a tree.
17 Q Okay.
18 A The tree hit where the doorjamb is so the
19 Jeep wanted to flip. So it came up and bent around the
20 tree.
21 Q Do you know whether Gary was charged with
22 any violations of the Vehicle Code?
23 A He had a warning. They believe he was
24 going about 5 to 8 miles over the speed limit. So he had
25 a warning, but no, there was no vehicle violations.
123
1 Q And you said he's recovered from his
2 injuries?
3 A Correct.
4 Q Okay. In the past, prior to your meeting
5 Gary, did he have a drinking problem?
6 A No, he did not.
7 Q Okay. Now, Ed testified that he thought
8 that he was an alcoholic?
9 A Hearsay.
10 Q Okay. He's not an alcoholic?
11 A No.
12 Q Does he drink?
13 A Very infrequently.
14 Q Okay. When does he drink or how
15 frequently?
16 A Since his accident none, and before then he
17 would meet a friend or we would go to have dinner and have
18 a drink or two.
19 Q Okay.
20 A He has never been intoxicated in front of
21 Lake.
22 Q So there's no drug or alcohol problem?
23 A No.
24 Q What about Ed's concern that Gary is grumpy,
25 or as reported by Lake, I guess?
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A Right. Sometimes he does get grumpy. He
was in a high stress corporate job. He had 3 pagers, a
couple cell phones, a lap top. The reason he retired was
because it was very stressful. So he's been mellowing
out, and having a family helps you do that.
Q Okay. Ed also testified that he's observed
Gary use alcohol and marijuana. Do you know -- have you
ever known your husband to use marijuana?
A He did in the past, yes.
Q Has he recently?
A No.
Q Does he use it now?
A No.
Q Do you know --
A It's never been in the house.
Q Do you know whether Mr. Tyson uses
marijuana?
A He has in the past.
Q How recently do you know of that?
A When we were in California briefly before we
separated.
Q
kind?
A
Q
Okay. Do you use alcohol or drugs of any
I have in the past.
Okay. But not now?
125
1 A Oh, no, not at all.
2 Q How recently have you used anything that's
3 illegal?
4 A The same time Mr. Tyson did.
5 Q Okay. Now, there was some testimony, not
6 only about yo ur lateness in the visits -- or in custodial
7 periods with Lake, but that you were late for the last
8 conciliation conference?
9 A That is correct.
10 Q You were late?
11 A Yes, I was.
12 Q Okay. I didn't represent you then?
13 A No.
14 Q You were represented by counsel though?
15 A There was a very big mix-up. We were under
16 the impression that the hearing was being changed because I
17 was searching for a new lawyer. She thought that I had a
18 new lawyer, even though she had no confirmation stating
19 that, and did not have the meeting rescheduled, and I was
20 not informed.
21 Q Okay. And did your lawyer attend that
22 conference?
23 A She did not. A telephone conference.
24 Q So how did you know to go to it?
25 A I called her at home that Friday before
126
1 stating that I did not know that the hearing was still
2 scheduled. She told me not to worry about things, that
3 she would call everyone in the morning and it would be
4 fine.
5 I called her as soon as she was in the
6 office. I can't get a hold of anyone. I can't get a
7 hold of anyone. I asked several times if I should go.
8 She said no, wait, you cannot go without representation,
9 and I had stated, well, they could put a temporary order
10 that could become permanent if I did not show up, that I
11 wanted to go. She said, okay, go ahead.
12 Q So you went unrepresented?
13 A Correct.
14 Q Now, in the memorandum that was filed on
15 behalf of Mr. Tyson, I think it indicates in there that you
16 had suggested that you just be provided with additional
17 time in the summer, and that might end -- you might be able
18 to work out some arrangement.
19 A That was his attorney's solution, yes.
20 Q It wasn't your's?
21 A No.
22 Q Did you ever suggest that -- a resolution of
23 this matter might be that, okay, well, we'll keep the
24 custody arrangement during the week all right during the
25 school year. I'll just have more time in the summer?
127
1 A No. We tried mediation, and that's why it
2 ended up at th e conciliator -- or to here because I did not
3 agree to that.
4 Q Okay. You did undergo mediation with Dr.
5 Schneider?
6 A Correct.
7 Q Is that right? How many sessions did you
8 go to?
9 A There was two.
10 Q Okay. Obviously no agreement was reached?
11 A Correct.
12 Q Did you want to try further mediation?
13 A Yes.
14 Q Mr. Tyson didn't?
15 A No.
16 Q Because of this issue?
17 A Correct.
18 Q The issue about the school. Mr. Tyson also
19 said that when you were at the conciliation conference that
20 the conciliator gave you I think a hard time?
21 A Yes, she did.
22 Q Did she?
23 A Yes.
24 Q Because you were late?
25 A Yes, and because I didn't have
128
1 representation.
2 Q Did you explain to her what had happened?
3 A Yes. Mary was actually on the phone with
4 her when I had walked in.
5 Q Mary being your --
6 A Mary --
7 Q Mary's in Lebanon County, correct?
8 A Correct.
9 Q And the reason you were switching was
10 because Mary didn't practice in Cumberland County at all?
11 A Correct.
12 Q Is that correct? You obviously want Lake to
13 attend school in the school district that you reside; is
14 that right?
15 A Yes.
16 Q You're comfortable that that school district
17 is comparable to the West Shore?
18 A Correct.
19 Q In fact, you favor it?
20 A Correct.
21 Q If the Court were to approve that
22 arrangement, t hat Lake would attend school with you and
23 stay overnight with you during the week, what type of
24 custodial arra ngement would you want Lake to have with his
25 father?
129
1 A He may have extended time in the summer. I
2 had even offered Mr. Tyson taking him after school, which
3 he said he could not do because of his job. I had also
4 said that evenings he could still keep -- two evenings out
5 of the week where he could go have dinner with his parents
6 or spend time with him.
7 Q Okay. When you say most of the summer, are
8 you talking about splitting the summer equally or Ed having
9 even more time?
10 A More time.
11 Q You don't want to necessarily take away
12 time?
13 A No.
14 Q And, in fact, if he had time during the
15 summer he perhaps would have more waking hours?
16 A Correct. I was told that that was not a
17 viable option for him because of his job. He could not take
18 that much vacation time.
19 Q Okay. Now, you heard that he has 3 weeks
20 of vacation?
21 A Correct.
22 Q Do you know whether he's taken 3 weeks of
23 vacation during the past year?
24 A I believe that he has.
25 Q Okay. Now, Ed commented that you haven't
130
I used your vacation time under the court order to spend with
2 your son?
3 A I did just recently, yes.
4 Q How much time -- you have --
5 A It was the two weeks.
6 Q Okay. Did you take the -- exercise the two
7 weeks?
8 A Yes.
9 Q When did you take those?
10 A Just recently. It fit into our schedule
11 the best.
12 Q Okay. You've been married to Gary for more
13 than a year; is that right?
14 A It's almost a year.
15 Q Almost a year. How does Gary get along
16 with Lake?
17 A Very well. They're best buds.
18 Q What does he -- what does Lake call Gary?
19 A Dad.
20 Q Okay. Do you have a problem with that?
21 A I'm sorry?
22 Q Do you have a problem with him calling two
23 -- a step-dad and his dad, dad?
24 A No, he understands -- Ed's parents are also
25 divorced and Mr. Lennington is Ed's stepfather. So Lake
131
1 has always been aware of a step-parent.
2 . Q Okay. You're not in any way trying to
3 undermined Mr. Tyson --
4 A No, not at all.
5 Q -- by having Lake call Gary dad?
6 A No, that was Lake's choice. We did not --
7 at first he called him Gary. We did not press for him to
8 call him dad. Once in a while he would call him dad
9 before we were married, but now he calls him dad after the
10 fact that we were married.
11 Q Okay. Now, Ed also made some complaints
12 about your level of care, I think, when you have Lake.
13 Some of the concerns being that he wears the same clothes,
14 that he has food on his clothes, and he's not really well
15 supervised. Can you comment on that?
16 A Since I'm home with him all day, and we have
17 snacks, Mr. Tyson is not used to this, yes, he does get
18 stains on his clothing. He plays a lot. He's a boy.
19 He gets dirty. So like any other child, yes. Is it to a
20 point where it would concern his health, most definitely
21 not.
22 The issue with the eczema, he does scratch.
23 At one point he had scratched so bad he had impetigo, and I
24 had brought up to Ed, since I myself have eczema, and when
25 I was younger I had impetigo, suggested that we take him to
132
1 the doctor, and Ed felt that it wasn't impetigo, it was
2 something else. So I waited. And I knew it was. I've
3 seen it before. So that is when I had taken him to the
4 doctor.
5 Q Okay.
6 A And he did have impetigo.
7 Q Is his eczema condition under control now?
8 A It is. It's always -- when he was younger
9 it was a lot worse. He's tending to grow out of it.
10 We've been attending John's Hopkins University. I had
11 stated to Ed several months ago that maybe it was an option
12 for us to look. We did not like the dermatologists in the
13 area. He had proceeded to make a couple emails.
14 I had found the number for the hospital, and
15 talked to Ed and told him that I had found the number and I
16 would like to make an appointment, and we did. We've been
17 going there ever since. Lake uses Protopic, which is a
18 nonsteroidal cream that's just been -- that had been
19 prescribed for us when it just recently was on the market.
20 It's been about a year, maybe over, that he's been using
21 the medication.
22 Q Okay. Other than that condition, how is
23 Lake's health?
24 A Very well. He's -- because we stayed at
25 home most of the time and he did not attend a day care, he
133
1 had his first ear infection about a month or two before he
2 turned five, and we usually go only to yearly visits. The
3 doctor was very impressed.
4 Q Where is his doctor?
5 A In Linglestown. It's the pediatrician I
6 used when I was a child. It's Fory and Cansavich
7 (phonetic) now.
8 Q Now, you commented on who performed the
9 parental caretaking duties when you and Ed were together.
10 What about since you've been separated in terms of who
11 takes him to the doctor, the dentist, those types of
12 things?
13 A I usually make the appointment and make sure
14 it's okay with Ed. Ed's been handling his dental visits.
15 Q Okay. What about doctor visits?
16 A I took care of those.
17 Q Okay. You're asking today that the Court
18 approve really primary custody of Lake being placed with
19 you?
20 A Correct.
21 Q Why do you think it would be in Lake's best
22 interests for him to be in your primary care?
23 A I feel that I'm going to be a stay-at-home
24 mom. I have the flexibility to be there any time that he
25 would have an emergency at school or just for normal
134
1 everyday care. He's going to have a sibling. He has a
2 stepfather who is there. We have a lot of family support.
3 The school district is, in my opinion, very well, all the
4 way up to the high school.
5 Q Okay. Ed's a good dad?
6 A Yes.
7 Q You don't have any criticisms of him and the
8 way he cares for your son?
9 A No. He's a very good dad.
10 Q Okay. How would you want to handle the
11 holidays? You commented on Ed picking up time during the
12 summer. In fact, having most of the summer. How would you
13 handle holidays? The way the current order provides or --
14 A We had talked about that before, and I think
15 we were pretty much both in agreement the major holidays we
16 would split. The in-service days, if he was able to take
17 Lake, he may. The days that he had off for school that
18 were overnights, he may have him. I was very flexible to
19 the holidays that involve school.
20 Q So the holiday schedule, the major holiday
21 schedule as set forth in the April of 2001 order are okay?
22 A Yeah.
23 Q Alternating them?
24 A Correct.
25 Q Okay. And the two nonconsecutive weeks of
135
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vacation are okay?
A I had allowed, of course, more weeks of
vacation during the summer, but having one of them be two
weeks consecutive.
MR. SMITH: Okay. Cross-examine.
CROSS EXAMINATION
BY MS. BOYLE:
Q How long
current address in Mount
A I believe
close to two years.
Q And prior
were still together, you
County?
have you been living at your
Gretna?
it's been a year and a half, maybe
to that, while you and Mr. Tyson
resided together in Cumberland
A Correct.
Q And Mr. Schaeffer owned a home, and you
moved out of Cumberland County to move in with him in
Lebanon --
A I moved with my grandmother.
Q For a short period of time?
A Correct.
Q And then after that you moved out to Mount
Gretna?
A Correct.
Q So Lake has lived in Cumberland County the
136
1 majority of his life?
2 A No. He lived in Dauphin County and also
3 with me. In our custody agreement --
4 Q Just --
5 MR. SMITH: Objection. Please allow her to
6 answer.
7 THE COURT: Stop arguing. Finish your
8 answer.
9 THE WITNESS: According to the agreement, we
10 have 50/50 legal and physical custody of him.
11 MS. BOYLE: May I clarify my question, Your
12 Honor?
13 THE COURT: Go ahead.
14 MS. BOYLE: That was not what I was asking.
15 THE COURT: Go ahead.
16 BY MS. BOYLE:
17 Q While you were still together with Mr.
18 Tyson, you resided with Lake in Cumberland County?
19 A Yes.
20 Q And that was for 3 years?
21 A Yes.
22 Q And is it true that you agreed to the
23 current custody arrangement at a conciliation in April of
24 2001?
25 A I did to accommodate Ed's work schedule,
137
1 correct.
2 Q Prior to that time, from the date that you
3 and Mr. Tyson separated in around August, October of 2000,
4 until the time of the conciliation, you had an arrangement
5 very similar to the one that's embodied in the current
6 order; is that correct?
7 A Correct.
8 Q And you heard that Mr. Tyson said you,
9 separated in October of 2000, right?
10 A It was somewhere around there, yes.
11 Q But you're saying it might have been as
12 early as August, 2000?
13 A No, it was, I believe -- I went on that
14 weekend. I believe it was the end of September.
15 Q Okay. So it was subsequent to that weekend
16 that you separated?
17 A After that weekend.
18 Q So from the time you separated to the
19 present, you and Mr. Tyson agreed that it was in Lake's
20 best interests for him to spend most evenings at his
21 father's home; is that correct?
22 A It was written up that way because that was
23 the only time that Mr. Tyson was able to spend time with
24 Lake because he had a 9 to 5 job.
25 Q But you agreed that it was in Lake's best
138
1 interests to be spending the evenings at home with Mr.
2 Tyson?
3 A I agreed that it was in his best interests
4 to spend time with his father. That happened to be the
5 only time.
6 Q Under the current order if Lake attended
7 school in Cumberland County, as you heard Mr. Tyson
8 propose, you would still be able to have daily contact with
9 Lake if you pick him up every day after school; isn't that
10 correct?
11 A That is.
12 Q Okay. And if it changed -- well, under the
13 current order, if Lake attends school in Cumberland County,
14 it would also allow Mr. Tyson to continue with daily
15 contact with Lake, would it not?
16 A If I was picking him up after school then he
17 would still be seeing him in the evening.
18 Q But he would also see him in the morning
19 when he rises and gets him ready for school and walks him
20 to school, correct?
21 A That hour before, yes.
22 Q If the custody arrangement were to change to
23 you, and the child would attend school in Lebanon, then Mr.
24 Tyson would no longer have that daily contact he enjoys at
25 this point; isn't that correct?
139
1 A He may. I had offered it to him. His job,
2 which I was told was the factor why he could not spend that
3 time with Lake.
4 Q But you would be available since you're
5 going to be a stay-at-home mom to pick up the child after
6 kindergarten in Cumberland County, would you not?
7 A Lake needs more stable than that.
8 Q But you would be available. Let's assume
9 for a moment that the Court decides that Lake would attend
10 school in Cumberland County. You would be available,
11 since you were going to be a stay-at-home mom, to pick him
12 up after kindergarten, would you not?
13 A Correct.
14 Q Now, under the current order you are
15 supposed to pick up Lake at Mr. Tyson's by 9 a.m.; is that
16 true?
17 A Correct.
18 Q And there have been some mornings where
19 you're not able to get there by 9 a.m.?
20 A Correct.
21 Q And, in fact, there have been some mornings
22 where you haven't shown up until about 11 a.m. or maybe
23 noon?
24 A That was very infrequent, and I called, and
25 also Ed's been late picking Lake up by several hours --
140
1 Q I didn't ask --
2 MR. SMITH: Objection, objection.
3 THE COURT: Why does it suddenly explode
4 into arguments between you, it's most unseemly.
5 MS. BOYLE: Your Honor, the question was --
6 is regarding the situation with her. She went into a
7 situation with Mr. Tyson --
8 THE COURT: Okay. I propose that you
9 simply repropound the question that you asked.
10 MS. BOYLE: Yes, sir.
11 THE COURT: And we'll see what the answer's
12 going to be.
13 MS. BOYLE: Yes, sir.
14 BY MS. BOYLE:
15 Q We were discussing the mornings when you're
16 unable to get there by 9 a.m., and you indicated that there
17 were, in deed, some mornings where you did not get there
18 until around 1 1:00.
19 A very few, and it was earlier than 11:00.
20 Q Were there also some days where you couldn't
21 get there unti l after 12:00?
22 A There -- we had talked about that. There
23 was one or two, and I had called. They're very
24 infrequent.
25 Q And there --
141
1 A And I had morning sickness.
2 Q And there were also some days that you
3 couldn't get there until after 2:00 in the afternoon?
4 A No.
5 Q No days at all that you didn't -- that you
6 got there after 2:00 in the afternoon?
7 A Unless I had some type of emergency, I do
8 not remember that late, no.
9 Q Is it that there weren't any days or that
10 you don't remember that there were any days?
11 A There weren't any days.
12 Q Okay. Were there some days in which you
13 had to call Mr. Tyson and indicate to him that you were
14 unable to pick up Lake at all that day?
15 A Like I had stated before, there was two.
16 Q And on the days that you call Mr. Tyson and
17 indicate that you're going to be late, isn't it true that
18 you contact him at about 10:00, about an hour after when
19 you're supposed to be picking up Lake?
20 A No.
21 Q It's your contention that you contact him
22 prior to 10:00?
23 A Yes.
24 Q So Mr. Tyson was lying before?
25 A I would call before 10:00.
142
1 Q On the days that you do call and indicate
2 that you're going to be late, even if it's by a little bit,
3 does Mr. Tyson then keep Lake?
4 A Usually, yes.
5 Q And on the days -- you said there were a few
6 days where you called and said you would be a couple of
7 hours late, did Mr. Tyson keep Lake on those days too?
8 A As far as I know, most of them, yes.
9 Q And the days that you indicated that -- the
10 couple of days you indicated that you couldn't come on your
11 days scheduled for custody, Mr. Tyson kept Lake those days
12 too?
13 A The two -- yes. He has the first right of
14 refusal.
15 Q And when Mr. Lake -- or excuse me, when Mr.
16 Tyson has to travel to Kennett Square for his job, he
17 actually brings Lake to you; isn't that correct?
18 A Usually around 7:30 in the morning, yes.
19 Q And you indicated that sometimes there's an
20 issue with whether or not the child has been fed properly?
21 A Correct.
22 Q You didn't raise that issue in your custody
23 memorandum?
24 A No.
25 Q And you haven't raised it as an issue prior
143
1 to this time?
2 A No. I took care of him when he got to my
3 house.
4 Q And you also indicated there was some issue
5 about brushing teeth or something of that nature?
6 A Oh, sure.
7 Q But you haven't raised that as an issue?
8 MR. SMITH: Objection.
9 THE WITNESS: Because we took care of it
10 when he got to my house.
11 THE COURT: They were sorting it out just
12 fine. Okay. If you hadn't stood up then we wouldn't
13 have interrupted into a 3 way talk. Go ahead.
14 MS. BOYLE: Thank you, sir.
15 BY MS. BOYLE:
16 Q You indicated just now that the reason
17 you're late to pick up Lake in the mornings is because of
18 your morning sickness?
19 A The first few months that I was sick -- or
20 pregnant, excuse me, yes.
21 Q What were those months?
22 A Conceived probably -- it was November
23 December, January, February, March.
24 Q I'm sorry. So you found out you were
25 pregnant when?
144
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A The conception would have been the -- I
believe the beginning of November.
Q Of 2001?
A Correct -- no -- yes.
Q Okay. Do you still have Plaintiff's
Exhibit Number 1?
A No, I do not.
THE COURT: Is it this one?
MS. BOYLE: Yes, sir.
THE COURT: I'll hand her my copy.
MS. BOYLE: May I approach, Your Honor?
THE COURT: Sure.
BY MS. BOYLE:
Q I'm sorry. You said it was November of 2001
that you thought you became pregnant?
A Um-hum.
Q Could you look to the prior month of
October, 2001?
A Um-hum.
Q There are times indicated on there in which
Mr. Tyson believed that you were late.
A Correct.
Q Prior to your pregnancy?
A Whether they're true or not is hearsay.
Q Okay. And in September of 2001 -- actually
145
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he has on here that you were late every day in September of
2001 prior to your pregnancy.
A Possibly five minutes.
Q And you can see prior -- these prior months,
August 2001, July 2001, there are instances in which he
indicates that you were late?
A Hearsay.
Q Prior to your pregnancy?
A That is hearsay.
Q You're denying all of those instances that
you were late?
A No, I do not deny all of them.
Q So there were some instances prior to your
pregnancy --
A Yes.
Q -- in which you were late?
A Yes, there was.
Q So morning sickness did not contribute to
the reason why you were late at that time, did it?
A No, I did not claim that to begin with.
Q You didn't state before that the reason you
were late --
A I stated that those months which I was
pregnant it was due to my morning sickness. I did not say
before.
146
1 Q Okay. So what was the reason prior to your
2 pregnancy in which you were late?
3 A Traffic.
4 Q Repeatedly you ran into some traffic
5 problems coming to Mr. Tyson --
6 A Yeah.
7 Q Let me finish, please.
8 A Sure.
9 Q To Mr. Tyson's home in the morning, you ran
10 into traffic problems repeatedly?
11 A Yes.
12 Q Did it occur to you to maybe leave about a
13 half hour earlier in those mornings?
14 A Sometimes I did. Sometimes I was not able
15 to leave there earlier.
16 Q You just were never able to correct the
17 lateness problem?
18 A I tried very hard, as you can see. Many
19 months before that there was not even none.
20 Q Well, let's talk about those months.
21 A Sure.
22 Q Can you flip to March 2001, and all those
23 prior months we can see that there are no times indicated
24 in which you were late. Did I read that correctly?
25 A It says dad was transporting.
147
1 Q Isn't it true that Mr. Tyson was, in fact,
2 from the time of separation until about March 2001 when you
3 had your Dauphin County conciliation, he was doing most of
4 the traveling to and from for custody drop-offs and
5 pickups?
6 A Sometimes he was. He thought it was on his
7 way. It was convenient for him.
8 Q Well, wouldn't you agree that he was doing
9 the traveling the majority of the time during that time
10 frame?
11 A If you go by this document, yes. Whether
12 or not it is completely accurate, we do not know.
13 Q Do you recall whether or not he was doing
14 the majority of the traveling at that time?
15 A If he was running late, I would pick Lake up
16 or drop him or take him to his house or if he was working
17 late, past 5:30, I would take him to his work. It went
18 back and forth. We helped each other out with things like
19 that.
20 Q Didn't he raise an issue with the fact that
21 you were having trouble getting to his home on time in the
22 mornings, and he was then subsequently late for work?
23 A And I started showing up on time and also
24 apologized. Sometimes you can't help --
25 Q Was that a yes?
148
1 A For some occasions, yes.
2 Q So in order to correct that problem, he
3 assumes some of the responsibilities for bringing Lake to
4 you in the mornings?
5 A No.
6 Q So from the time you separated until about
7 the time of the Dauphin County conciliation, who did most
8 of the traveling for Lake those days?
9 A We both did.
10 Q But did anyone do it more than another?
11 A Some weeks yes. Some weeks no. Sometimes
12 I would do more. Sometimes he would do more.
13 Q But he did address a problem of him not
14 being able to get to work on time when you were having to
15 exchange custody of Lake on work days, correct?
16 A once, yes, he said something, and we
17 corrected it.
18 Q You didn't raise the issue of morning
19 sickness at the conciliation as being the explanation for
20 you're being late?
21 A I was not given --
22 Q I'm not finished. Isn't it true that you
23 did not raise the morning sickness as an explanation of
24 your being late for the last several months at the
25 conciliation?
149
1 A My pregnancy was brought to the attention,
2 which no one paid attention to because I was not -- I did
3 not have representation.
4 Q Actually you were represented at the
5 conciliation. Your attorney attended by telephone, did she
6 not?
7 A That's correct, she did.
8 Q And there was a discussion regarding the
9 fact that you were pregnant?
10 THE COURT: I believe we have a local rule
11 of court, and I cannot remember the precise wording, but it
12 makes inadmissible at these hearings the occurrences and
13 events of the conciliation conference for rather obvious
14 policy reasons.
15 MS. BOYLE: Well, Your Honor, they explored
16 that in direct.
17 THE COURT: I know, I know, and I guess two
18 wrongs make a right, but I don't think they do. I'm going
19 to stop any further discussion of what went on in the
20 conciliation conference, and frankly, it's not at all
21 controlling with regard to what I'm going to do.
22 MS. BOYLE: Okay.
23 THE COURT: I'm going to be guided by the
24 testimony that I've heard today.
25 MS. BOYLE: Okay.
150
1 BY MS. BOYLE:
2 Q Isn't it true that another contributing
3 factor to being late in the morning is your work hours at
4 the Grateful Bean?
5 A There has been some occasions, yes, and it
6 was due to having -- working at the cafe, not because that
7 I had to, but I was there, and there has been -- but
8 normally if I would call it was well before the time to
9 pick him up, and I was only ten minutes late. I called
10 every single time. I made constant communication with
11 him.
12 Q And you've indicated previously that you
13 have been working extensive hours at the coffee shop?
14 A Again, that was mentioned at the
15 conciliation hearing. Am I to comment on that?
16 THE COURT: No. I just told you. I don't
17 care what you talked about at the conciliation conference.
18 Just answer her question. Okay?
19 THE WITNESS: Okay. I do not work
20 extensive hours that were put in -- that's basically open
21 to close. I don't work open to close. It's maybe 3, 4
22 hours at a time.
23 BY MS. BOYLE:
24 Q You own the shop with Mr. Schaeffer?
25 A Correct.
151
1 Q Are there any other owners for the shop?
2 A No. He is the sole owner. The reason
3 that I state that I am an owner is with PA law through
4 marriage I'm considered the owner, but the paperwork is in
5 his name.
6 Q Were there staffing -- prior to today, were
7 there staffing concerns at the coffee -- at the Grateful
8 Bean?
9 A You do have a turnover like a restaurant,
10 but we've never been so short that both of us absolutely
11 had to go in. There's been some occurrences where I would
12 say sure, an employee may go on vacation, but no, there's
13 never been a problem.
14 Q What kind of turnover do you have at the
15 shop?
16 A The employees usually -- we kept all of our
17 college students for the whole entire year that they were
18 there. They were seniors. We've only had one person
19 that left on a short notice.
20 Q So over the last year, let's say, that
21 you've been open, you've testified you've been opened
22 approximately a year, how many employees have you had come
23 and go from the coffee shop?
24 A The employees that we started with finished
25 their senior year with us. So then we restaffed with a
152
1 whole new group. Since that whole knew group has started,
2 we've had one person that has only stayed with us for a few
3 months. She was an older woman who was laid off from
4 Tyco, and then decided to go back to school to further her
5 education. She was there, I would say, about 4 months.
6 Q How many employees do you have?
7 A I believe six.
8 Q And in order to have the shop up and running
9 full steam, how many employees do you need at any one time?
10 A In the morning from 8 to 11, one person,
11 over lunch 2 or 3, and then the evening staff comes in, and
12 there's usually 1 or 2 people.
13 Q Do you have anybody appointed as management?
14 A Yes. They do not -- they take on the
15 responsibility of the manager and have a key. It's the
16 owner of the comic book store that works for us who is next
17 door.
18 Q But he's not on the premises?
19 A He is on his duty, correct, or my husband is
20 there in the morning.
21 Q He works at the comic book shop and the
22 coffee shop?
23 A He has his comic book store during the day.
24 When he is closed he works for us. He used to have a
25 part-time job at Giant, and liked the coffee shop so much
153
1 he wanted to come work for us as his part-time job.
2 Q What are your hours at the shop?
3 A Hours of operation?
4 Q No your hours of work at the shop?
5 A They vary. I go in when I want to. We go
6 in -- usually I go in with Gary in the morning because I
7 don't have Lake at that time. I don't sit at home a lot.
8 I go to pick up Lake. We may come back for lunch. We
9 may not. It's pretty much whenever we decide to go in.
10 Q So you may work sometimes during the week?
11 A Um-hum.
12 Q And you may also work sometimes on the
13 weekends?
14 A Sure, if I choose to go in.
15 Q And there are times, if an employee goes on
16 vacation, that you may be required to fill in for them?
17 A I'm not required to, no. Do I on occasion?
18 Sure. They're very good employees. Like I said, our
19 retention of employees has been great.
20 Q And when this person recently left on short
21 notice, did you have to fill in for her?
22 A No.
23 Q You were able to staff it with other
24 individuals?
25 A Correct.
154
1 Q So when you're working there recently it's
2 not out of necessity, it's out of desire?
3 A Correct.
4 Q And when you're working there, you take Lake
5 with you?
6 A Sometimes, yes.
7 Q And the children's room that he plays in,
8 isn't it true that there is a private entrance to the
9 children's room?
10 A There is.
11 Q Now, if you were working at the counter and
12 you're facing a customer, where in relation to your stance
13 would the entrance to the children's room be?
14 A If Lake is allowed to go into the children's
15 room, I am at the sandwich station which is right where
16 that balcony is to look down into it. He knows he is to
17 ask permission to go down into the children's room.
18 Q Okay. But my question is, if you are
19 standing at the counter and you are preparing sandwiches
20 and facing your customer, where in relation to where you
21 are facing is the entrance into the children's room?
22 A If I'm facing to make sandwiches, it's
23 facing the children's room and the entrance.
24 Q But it could be behind you; isn't that
25 correct?
155
1 A No. It's in front of me. This is the
2 sandwich station. The children's room is right here.
3 Q Okay. Isn't it true that this shop really
4 is not doing well financially?
5 A It is doing very well. We are over our
6 business plan.
7 Q Do you know what the liabilities are against
8 the shop?
9 A The liabilities?
10 Q Do you have any debts against your
11 restaurant?
12 A The mortgage, which the apartments above pay
13 for.
14 Q Are there any other liabilities, a line of
15 credit?
16 A There's a construction loan that is in with
17 the mortgage. So it's the same, and, again, the
18 apartments above the cafe support the mortgage.
19 Q Didn't you have to borrow recently to meet
20 payroll?
21 A Borrow?
22 Q Yes.
23 A To meet payroll?
24 Q Yes?
25 A No.
156
1 Q And it's true that you did have your cable
2 shut off at your home?
3 A Correct.
4 Q But it's your contention it has nothing to
5 do with your financial position?
6 A Correct.
7 Q Is it true that you have no medical
8 insurance?
9 A I have medical insurance.
10 Q When did you obtain medical insurance?
11 A Around the time of Gary's accident.
12 Q February?
13 A It was reinstated.
14 Q February of this year?
15 A Reinstated to then.
16 Q So prior to that time you had no medical
17 insurance?
18 A No. We were to have a COBRA policy taken
19 from Ed's and our divorce agreement, and I had called to
20 have a COBRA policy, and they told me they wouldn't offer
21 one because his office was not big enough.
22 Q When were you divorced?
23 A It was final the twenty something of August.
24 Q Of 2001?
25 A Correct.
157
1 Q And you've been this time without any health
2 insurance?
3 A Until February, yes.
4 Q And it would be true that your current
5 pregnancy then is not covered under your health insurance?
6 A It is covered under my health insurance.
7 Gary's accident was also covered under the health
8 insurance.
9 Q Isn't it true that you have missed some
10 mortgage payments against your home?
11 A First of all, I don't know how you would
12 know that unless you contacted my bank. That's hearsay.
13 I mean I really --
14 Q My question is, is it true that you have
15 missed mortgage payments against your home?
16 A Our home?
17 Q Yes?
18 A No.
19 Q Have you missed mortgage payments against
20 any other real estate in which you own?
21 A Some have been late. Missed, no.
22 Q What real estate is that against?
23 A The Cafe.
24 Q You've been late on your mortgage payments
25 for the Cafe?
158
1 A Yes. People did not pay rent on time, which
2 means we could not get our mortgage in on time.
3 Q It has nothing to do with your financial
4 position?
5 A No.
6 Q What other liabilities do you have?
7 A There's a property on 720 Cumberland Street
8 that's been on the market for over a year.
9 Q Did Mr. Schaeffer own any other businesses
10 other than the Grateful Bean?
11 A Yes. He had an antique shop.
12 Q Did any of his other businesses file for
13 bankruptcy, to your knowledge?
14 A He liquidated Sawdust Memories, which was
15 incorporated w ith the Alleys Antiques. It was in the
16 building that he had owned and we had recently sold to get
17 more room to h is tenants. He was retired. They thought
18 the antique bu siness was too slow.
19 Q Are you familiar with the Hideaway Cafe?
20 A Yes.
21 Q And that's the restaurant and bar in mount
22 Gretna?
23 A Yes. Ed and Lake and his parents have
24 dinner there. We've had dinner there, yes.
25 Q Isn't it true that March last year
159
1 Mr. Schaeffer was asked to leave for lighting a marijuana
2 cigarette inside the Hideaway Cafe?
3 A No, that is not true.
4 Q He was caught lighting a marijuana cigarette
5 just outside of the Hideaway Cafe, was he not?
6 A It was not Mr. Schaeffer.
7 Q The bartender, Rob Henry --
8 A Correct.
9 Q -- didn't see Mr. Schaeffer with a marijuana
10 cigarette at the Hideaway Cafe?
11 A No.
12 Q Wasn't there a recent incident, February of
13 this year, that Mr. Schaeffer was asked to leave the
14 Hideaway Cafe for showing up excessively drunk?
15 A No.
16 Q The owner, Jason Brandt, did not make a
17 request that Mr. Schaeffer leave the Hideaway because he
18 showed up excessively drunk?
19 A No. At one point we talked to Jason and
20 discontinued our relationship for a while because of the
21 fact that Ed's father had made a call to the LCB reporting
22 the Hideaway, and we all thought that it was because of the
23 tension that was going on between us.
24 Q You don't know for a fact that he made any
25 phone call, do you?
160
1 A No. We know as much as some of the things
2 that he's stating.
3 Q Isn't it true that the reason you stopped
4 going to the Hideaway Cafe is that Mr. Schaeffer was asked
5 not to come back because of his drinking problem?
6 A No.
7 Q Isn't it true that Mr. Schaeffer.has
8 recently been charged with theft?
9 A They were dismissed.
10 Q But he was, in fact, charged?
11 A I'm not exactly sure how the law goes.
12 There was a situation and the charges were dismissed.
13 Q Around February of this year isn't it true
14 that you and Mr. Schaeffer were having some marital
15 difficulties just prior to his accident?
16 A Like I had stated before, because we were
17 spending so much time together it was putting a strain.
18 Whether -- we did not decide to leave each other. We did
19 not do any of that, no.
20 Q Didn't you actually separate from Mr.
21 Schaeffer for a brief period of time?
22 A No.
23 Q You didn't go stay with your parents in
24 February of this year because you were separating from Mr.
25 Schaeffer?
161
1 A No.
2 Q You didn't indicate to anyone that you were
3 leaving Mr. Schaeffer because of his drinking problem?
4 A No. Again, it's bar talk.
5 Q Didn't you have an argument in the coffee
6 shop because Mr. Schaeffer came into work that morning
7 drunk from t he night before?
8 A No.
9 Q When Lake says that he sees you crying at
10 home, is it your position that he's confused between you
11 laughing and crying?
12 A During my pregnancy, with the incident of
13 the tire, ye s.
14 Q I was referring to the instance where Lake
15 indicated th at you cried at dinner or you were crying after
16 an argument. Is it your position that he's actually
17 confused bet ween laughing and crying at that time?
18 A Yes, there has been times where I've cried.
19 Marriage is not easy. There has been times where Lake has
20 seen me cry when I was married to his father. There's
21 nothing wrong with showing emotion.
22 Q Mr. Schaeffer had his automobile accident
23 February of this year?
24 A Correct.
25 Q And would you agree with me his injuries
162
1 were extensive?
2 A When they found -- when he got to the
3 hospital, yes, they found that they were extensive.
4 Q How long was he in the hospital?
5 A He was in the hospital for a week.
6 Q And when he came home, was he placed on bed
7 rest?
8 A Yes, he was.
9 Q And how long was he on bed rest?
10 A Three to four weeks.
11 Q Wasn't he at the Coal Brook Inn bar just
12 before the accident?
13 A No.
14 Q Where is the Coal Brook Inn?
15 A That's right on 117.
16 Q And where did the accident occur?
17 A Past that. I'm trying to think of -- is
18 that 117? Yes. Past that a few miles.
19 Q On the same road?
20 A Yes.
21 Q If he wasn't at the Coal Brook Inn prior to
22 the accident, was he at any bar prior to the accident?
23 A Not that I know of, no.
24 Q Where was he prior to the accident?
25 A The cafe.
163
1 Q And what time did the accident occur?
2 A About -- he was trapped in the car. I think
3 they estimated around a little after 11.
4 Q And how long was he in the car before he was
5 found?
6 A Before he was found, they think about 20
7 minutes.
8 Q You indicated that Mr. Schaeffer has not had
9 anything to dr ink since his accident; isn't that correct?
10 A Correct.
11 Q So he has given up drinking since his
12 accident?
13 A He hasn't had a drink since then because
14 we've bee n at home, and if you're trying to elude to the
15 fact that he had a problem that he had to give up drinking,
16 then that woul d be no.
17 Q He doesn't drink when you're at home?
18 A No, no.
19 Q You don't --
20 A There's no alcohol in the house.
21 Q You don't have parties at your residence?
22 A We have parties. Family parties.
23 Q And have the police ever been called to your
24 home for noise during these parties?
25 A Not since I've been living there, no.
164
1 Q Prior to you moving in with Mr. Schaeffer,
2 did he have parties at his home?
3 A Yes.
4 Q Was there drinking involved at the parties?
5 A Yes.
6 Q Were the police ever called to the home at
7 that time?
8 MR. SMITH: Objection.
9 THE WITNESS: Not that I know of.
10 MR. SMITH: Objection.
11 THE COURT: Well, she already answered the
12 question, and we have unfortunately run out of time for
13 today. Thank you, ma'am. You can step down. My
14 secretary tells me that the support office is willing to
15 move my support cases on the afternoon of August the 5th,
16 if that time might be available, and I don't know what
17 success my secretary has had with August 6th, and I'm sure
18 she's out to lunch. Shall I just have her contact you two
19 about further hearings in the matter?
20 MR. SMITH: That would be great.
21 MS. BOYLE: That would be fine, Your Honor.
22 I would be available or I can rearrange my schedule to be
23 available either date, the 5th or the 8th.
24 THE COURT: And just thinking outloud about
25 this case, based on the little bit that I've heard, pretty
165
1 clearly they're both great parents, notwithstanding their
2 efforts to dispel that conclusion, and it does make the
3 most thorny custody cases, is when you've got two good
4 parents.
5 And I can see where the conciliator may have
6 thought a half a day, because the sole question was where
7 does the child start school, but that's obviously not the
8 sole question because we're really talking about custody in
9 this case, though let me observe this, if it helps at all
10 in any decisions.
11 I changed schools 7 or 8 times when I grew
12 up. So any argument that just because he started school
13 on the West Shore in kindergarten means that he has to go
14 there in first grade is going to fall on death ears with
15 me. So there is some argument to the extent that starting
16 kidnergarten in the West Shore maintains the status quo
17 more than any other arrangement.
18 And we need to do more than what's done in
19 this case obviously, and I know counsel are proposed to do
20 that. You've got witness waiting in the wings and so
21 forth, but I'm wondering whether we need to take a close
22 look at this from a psychological standpoint in terms of
23 who this child bonds with, you know, all of those questions
24 that people like Dr. Schneider --
25 MS. BOYLE: Who may be appropriate --
166
1 excuse me.
2 THE COURT: -- and that would be during the
3 course of the coming year. We don't have time to do that
4 in one month.
5 MS. BOYLE: It may be appropriate to have a
6 custody evaluation, Your Honor. Given the time constraints
7 we had it wouldn't be possible.
8 THE COURT: This coming year is one matter,
9 but when he starts first grade, then we really have to talk
10 about where this child's going to be.
11 MS. BOYLE: Yes, sir.
12 THE COURT: Full-time. So anyway I leave
13 you with that thought, and I'll have my secretary call you,
14 and we'll take some further testimony at least on what
15 we're dealing with at this point. Okay.
16 MR. SMITH: Thank you, Your Honor.
17 THE COURT: We have a lot of work to do in
18 this case. Okay. Let's account for the exhibits. I may
19 have taken them back in my office. Let's make sure we
20 account for the exhibits.
21 (Whereupon, the proceedings adjourned at
22 12:35 p.m.)
23
24
25
167
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause, and that this is a correct transcript of
same.
t
Michele A. Eline
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
: ?! h„io- ott1-
Date
Ke in A. Hess, J.
inth Judicial District
168
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EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : 02-1475 CIVIL
JENNIFER M. SCHAEFFER, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER
AND NOW, this n r day of December, 2002, at the request of counsel for the
plaintiff, continued hearing in the above captioned matter is set for Thursday, April 3, 2003, at
9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Catherine A. Boyle, Esquire
For the Plaintiff
Max Smith, Esquire
For the Defendant
:rlm
r?
ti
EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 02-1475
JENNIFER M. SCHAEFFER, CIVIL ACTION - LAW
Defendant IN CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this Z3'cO day of 4AMj ` 2003
V
the attached Custody Stipulation signed by the parties to this
action, a copy of which is attached hereto, is hereby
incorporated by reference and all terms and conditions are
hereby given full force and effect as an Order of Court.
B Y T14 C ?o U RT'
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
R .1 1
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V.
EN
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EDWARD E. TYSON,
Plaintiff
vs.
JENNIFER M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
PETITION TO MODIF17 CUSTODY
AND NOW comes Plalintiff, Edward E. Tyson, by and through
his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files thi
Petition to Modify Custody and support thereof avers as follows:
1. Petitioner is Edward E. Tyson, and adult individual
currently residing 345 Walnut Street, Lemoyne, Pennsylvania
(hereinafter "Father").
2. Respondent is Jennifer M. Schaeffer, and adult individual
currently residing at West Yale Street, Mount Gretna,
Pennsylvania (hereinafter "Mother").
3. The parties are the parents of a minor child, namely Lake E.
Tyson (date of birth March 26, 1997).
4. A Custody Order was entered April 23, 2003, adopting a
stipulation of the parties. Said order provides that Father
shall have primary physical custody subject to periods of
partial physical custody in Mother. See Order dated April
23, 2003, attached hereto and hereinafter referred to as
Exhibit "A".
5. Since the Order was entered, the parties have been more or
less following the terms of said Order.
6. Recently, the child has indicated. a strong desire to spend
less time with Mother.
MEYERS, DESFOR, SALTZGIVER 6 BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
7
8
9.
10
11
12
13
14
The child complains that Mother and her husband, Gary
Schaeffer, argue loudly and frequently.
Lake has described numerous arguments between Mother and Mr.
Schaeffer, including Mr. Schaeffer throwing items and
storming out the front door and leaving the door hanging
open.
The child has indicated that the arguments frighten him.
Lake has indicated he wishes to spend less time with Mother
and particularly, Gary Schaeffer.
The child stated that when Mother is unable to babysit him,
Gary is his primary caregiver and he does not wish to be
left alone with him.
Lake is now beginning to physically resist going with Mot
for her periods of custody.
Father has attempted several times to discuss this issue
with Mother and she refuses
Mot=her also refuses to discus
any concerns with Lake.
Father believes that it is in Lake's best interest to
the current Custody Order.
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • RO.BOX1062 HARRISBURG,PA17108
(717) 236-9428 • FAX(717)236-2817
WHEREFORE, Plaintiff, Edward E. Tyson, respectfully request
this Honorable Court grant his Petition to Modify Custody.
Respectfully submitted,
atheri:ne A. Boyle, Es re
Meyers, Desfor, Saltz er & Boyle
Attorney I.D. ##76328
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717)236-9428
Attorney for Plaintiff
MEYERS, DESFOR, SALTZGIVER 8, BOYLE
410 NORTH SECOND STREET • P.O.BOX1062 • HARRISBURG, PA17108
(717) 236-9428 • FAX(717)2,,6-2817
EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 02-1475
JENNIFER M. SCHAEFFER, CIVIL ACTION - LAW
Defendant IN CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this .2 3,t C day of
2003
the attached Custody Stipulation signed by the parties to this
action, a copy of which is attached hereto, is hereby
incorporated by reference and all terms and conditions are
given full force and effect as an Order of Court.
61 'tie ec (,,r t,
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MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P,O. BOX 1062 • (HARRISBURG, PA 17108
(717) 2369428 • FAX (717) 236-2817
EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 02-1475
JENNIFER M. SCHAEFFER, CIVIL ACTION - LAW
Defendant IN CUSTODY/VISITATION
CUSTODY STIPULATION
WHEREAS, Edward E. Tyson (hereinafter "Father") and
Jennifer M. Schaeffer (hereinafter "Mother") are the parents of
one minor child, namely Lake E. Tyson (date of birth March 26,
1997); and,
WHEREAS, Father filed a Complaint for Custody in the Court
of Common Pleas of Cumberland County docketed to No. 02-1475;
In light of the foregoing, the parties have reached the
following agreement:
1. The parties shall share legal custody of the child.
2. The parties shall share physical custody as follows:
a. Father shall have primary physical custody subject to
partial physical custody in Mother.
b. Mother shall have custody of the child every other
weekend. On the weekends when Mother has Lake, her
time shall commence on Friday after school and end on
Monday morning when school begins. On one of the
weekends per month when Mother has Lake, at a time
mutually agreed upon by the parties, Mother's time
shall commence on Thursday after school and end on
Monday morning when school begins.
MEYERS, DESFOR, SALTZGIVER &130YLE
410 NORTH SECOND STREET • P.O. BOX 1062 • IiARRISBURG, PA 17108
(717) 236-9428 • FAX(717)236-2817
C. On weekends when Mother does not have Lake, her time
shall commence on Wednesday after school until Friday
morning when school begins.
d. Mother shall pick Lake up from school to commence her
periods of custody and shall drop Lake off at school i
the mornings to end her periods of custody.
e. Lake shall attend school in Father's school district.
f. The holiday schedule is as follows:
i. Every Mother's Day shall be spent with Mother and
every Father's Day shall be spent with Father.
ii. The Christmas holiday shall be divided into two
periods. Period I shall commence 12:00 p.m. on
Christmas Eve until 12:00 p.m. Christmas Day.
Period II shall commence 12:00 p.m. on Christmas
Day until 12:00 p.m. on December 26th. Mother
shall have custody of the child for Period I for
Christmas 2003 and for every odd numbered year
thereafter. Father shall have custody of the
child for Period II for Christmas 2003 and for
every odd numbered year thereafter. The parties
shall alternate periods each year.
iii. Easter, Memorial Day, July 4th, Labor Day and
Thanksgiving shall be alternated by the parties
each year. Father shall have Easter 2003 and thei
parties will alternate these holidays each year
3
MEYERS, DESFOR, SALTZGIVER 8, EOYLE
416 NORTH SECOND STREET • PO- BOX 1062 • FIARRISBURG, PA 17108
(717) 236-9428 • FAX(717)236-2917
thereafter.
iv. Other than Christmas, holiday time shall be from
10:00 a.m. until 6:00 p.m.
g. During the summer, each party shall be provided two (2)
non-consecutive weeks of vacation with the child. Each
party shall provide four (4) weeks written notice to
the other of the weeks in which they wish to exercise
vacation time.
3. The party commencing his/her period of custody shall be
responsible for transporting the child.
4. The parties agree that this Agreement shall be entered as a
Court Order.
5. The parties will begin following this Agreement on the date
same is executed by both parties.
EDWARD E. T' oCi3
WITNESS
DATE : a l 6
jElITNIEER M. SCHAEFFER
WITNESS
n
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
VERIFICATION
I, Edward E.
, verify that the
statements made in this Petition to Modify Custody
are true and correct to the bes
of my knowledge, information and belief. I understand that fal
statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to
authorities.
Dated: 2/10/04
X) Plaintiff
( ) Defendant
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • PO. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717):36-2817
EDWARD E. TYSON,
Plaintiff
vs.
JENNIFER M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
CERTIFICATE OF SERVICE
I hereby certify that on this lSL day of February, 2004, a
copy of the foregoing Petition to Modify Custody was sent via
U.S. mail to:
Jennifer M. Schaeffer
c/o: Max Smith, Esquire
James Smith Durkin & Connelly LLP
P.O. Box 650
Hershey, PA 17033
I.D. #76328
Attorney for
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
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EDWARD E. TYSON IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 02-1475 CIVIL ACTION LAW
JENNIFER M. SCHAEFFER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, February 23, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _ Melissa P. Greevy, Esq. the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Tuesday, March 16, 2004 at 11:30 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/ Melissa P. Greevy. Fsq.
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 ME 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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APR 3 0 2004
EDWARD E. TYSON,
Plaintiff
V.
JENNIFER M. SCHAEFFER,
Defendant
HESS, J. --
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 4 day of April 2004, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Court's Order of April 23, 2003 shall remain in full force and effect
pending further Order of Court or an agreement of the parties
2. The parties shall submit themselves and their minor child to an independent
custody evaluation to be performed by Pauline Wallin unless the parties mutually agree on a
different evaluator. The parties shall sign all necessary releases and authorizations for the
evaluator to obtain medical and psychological information pertaining to the parties.
Additionally, the parties shall extend their full cooperation in completing this evaluation in a
timely fashion and in the scheduling of appointments. The parties will share the costs of the
evaluation 50/50.
BY THE COURT:
"Oe",A?
J.
Dist: "C?therine A. Boyle, Esquire, 410 North Second Street, Harrisburg, PA, 17108
,/farad W. Handelman, Esquire, 134 Sipe Avenue, Hummelstown, PA 17036
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EDWARD E. TYSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475 CIVIL TERM
V.
CIVIL ACTION - LAW
JENNIFER M. SCHAEFFER,
Defendant
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Lake E. Tyson March 3, 1997 Father
2. A Custody Conciliation Conference was held on April 15, 2004 following
Father's filing of a February 21, 2004 Petition to Modify Custody. Present at the conference
were: the Father, Edward E. Tyson, and his counsel, Catherine A. Boyle, Esquire; the
Mother, Jennifer M. Schaeffer, and her counsel, Jarad Handelman, Esquire.
3. There is a prior Order in this matter is dated April 23, 2003.
4. The parties did not agree to modify the Order. However, they agreed to go to
co-parent counseling and to participate in an updated Custody Evaluation which shall be
performed by Pauline Wallin unless the parties mutually agr on a different evaluator.
?6ac? Ids ??? ?
Date Melissa Peel Greevy, Esqui e
Custody Conciliator
:227728
EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 02-1475
JENNIFER M. SCHAEFFER, CIVIL ACTION - LAW
Defendant IN CUSTODY/VISITATION
MOTION FOR HEARING
AND NOW comes Plaintiff, Edward E. Tyson, by and through his attorneys, Meyers,
, Saltzgiver & Boyle, and files this Motion for Hearing and in support thereof, avers as
follows:
Petitioner is Edward E. Tyson, and adult individual currently residing 345 Walnut
Street, Lemoyne, Pennsylvania (hereinafter "Father")
2. Respondent is Jennifer M. Schaeffer, and adult individual currently residing at West
Yale Street, Mount Gretna, Pennsylvania (hereinafter "Mother").
3. The parties are the parents of a minor child, namely Lake E. Tyson, date of birth March
26, 1997.
4. A Custody Order was entered April 23, 2003, adopting a stipulation of the parties. Said
Order provides that Father shall have primary physical custody subject to periods of
partial physical custody in Mother. See Order dated April 23, 2003, attached hereto and
hereinafter referred to as Exhibit "A".
5. Since the Order was entered, the parties have been more or less following the terms of
said Order.
6. Beginning last year, the child has indicated a strong desire to spend less time with
Mother. The child expressed that Mother and Stepfather, Gary Schaeffer, argue
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236.9428 • FAX (717) 236-2817
frequently, causing him anxiety and distress.
In order to address Lake's anxiety and stated desires, Father filed a Petition to Modify
Custody on or about February 11, 2004.
Thereafter, in May 2004, a conciliation occurred, wherein the parties agreed to undergo
an updated custody evaluation.
Pauline Wallin, Ph.D., performed the initial custody evaluation on November 1, 2002,
which recommended primary custody remain with Father.
0. Dr. Wallin issued her updated evaluation on September 27, 2004. See attached Custody
Evaluation Update attached hereto and hereinafter referred to as Exhibit "B."
Dr. Wallin recommended family therapy to teach Lake and Mother how to address
Lake's anxiety. Dr. Wallin notes that, according to Lake, his Mother and Stepfather still
argue. She additionally notes that Lake also "feels anxious at Mother's house, even
when there is no arguing, because he anticipates that people might start arguing." His
anxiety manifests itself in terms of eczema, from which the child has suffer for years,
"which is why he scratches more at Mother's house than at Father's house." See Exhibit
B
2. However, if therapy resulted in no improvement in Lake's anxiety, Dr. Wallin
recommended decreasing Mother's custodial time to every other weekend (Saturday and
Sunday only), until Lake reaches a point where contact with Stepfather does not cause
him distress. See Exhibit "13."
3. The therapy has been completed and Lake remains anxiety-ridden and distressed about
his custodial time with Mother. Indeed, he has expressed to the therapist, in the
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX(717)236-2817
presence of Mother, his desire to decrease his time with Mother.
4_ Lake has also noted that when his Mother's custodial time is scheduled, Mother is
frequently unavailable to be with him.
15. Moreover, Lake will often return from Mother's house unbathed, which aggravates his
eczema, and without having brushed his teeth for days.
16. Mother continues to ignore the child's anxiety, even after same was expressed by the
child directly to her.
17. Father believes that it is in Lake's best interest to modify the current Custody Order in
accordance with Dr. Wallin's recommendations.
18. Father is requesting a hearing to resolve this matter.
WHEREFORE, Plaintiff, Edward E. Tyson, respectfully request this Honorable Court
his Motion for Hearing and schedule a hearing to resolve this matter.
Respectfully submitted,
atherine A. Boyle, Esquire
Meyers, Desfor, Saltzgiver & Boyle
Attorney I.D. 476328
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717)236-9428
Attorney for Plaintiff
MEYERS, DESFOR, SALTZGIVER 8 BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
E. TYSON,
Plaintiff
VS.
JENNIFER M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. NO. 02-1475
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this .23n.4 day of 2003
the attached Custody Stipulation signed by the parties to this
action, a copy of which is attached hereto, is hereby
incorporated by reference and all terms and conditions are
hereby given full force and effect as an Order of Court.
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410 NORTH SEC HARRISBURG, PA 17108
238-2817
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E. TYSON,
Plaintiff
Vs.
M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
CUSTODY STIPULATION
WHEREAS, Edward E. Tyson (hereinafter "Father") and
Jennifer M. Schaeffer (hereinafter "Mother") are the parents of
one minor child, namely Lake E. Tyson (date of birth March 26,
1997) ; and,
WHEREAS, Father filed a Complaint for Custody in the Court
of Common Pleas of Cumberland County docketed to No. 02-1475;
In light of the foregoing, the parties have reached the
following agreement:
1. The parties shall share legal custody of the child.
2. The parties shall share physical custody as follows:
a. Father shall have primary physical custody subject to
partial physical custody in Mother.
b. Mother shall have custody of the child every other
weekend . On the weekends when Mother has Lake, her
time shall commence on Friday after school and end on
Monday morning when school begins. On one of the
weekends per month when Mother has Lake, at a time
mutually agreed upon by the parties, Mother's time
shall commence on Thursday after school and end on
Monday morning when school begins.
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • RO. BOX 1062 • HARRISBURG, PA 17106
(717) 236-9428 • FAX(717)236-2817
C. On weekends when Mother does not have Lake, her time
shall commence on Wednesday after school until Friday
morning when school begins.
d. Mother shall pick Lake up from school to commence her
periods of custody and shall drop Lake off at school
the mornings to end her periods of custody.
e. Lake shall attend school in Father's school district.
f. The holiday schedule is as follows:
i. Every Mother's Day shall be spent with Mother and
every Father's Day shall be spent with Father.
ii. The Christmas holiday shall be divided into two
periods. Period I shall commence 12:00 p.m. on
Christmas Eve until 12:00 p.m. Christmas Day.
Period II shall commence 12:00 p.m. on Christmas
Day until 12:00 p.m. on December 26th. Mother
shall have custody of the child for Period I for
Christmas 2003 and for every odd numbered year
thereafter. Father shall have custody of the
child for Period II for Christmas 2003 and for
every odd numbered year thereafter. The parties
shall alternate periods each year.
iii. Easter, Memorial Day, July 4th, Labor Day and
Thanksgiving shall be alternated by the parties
each year. Father shall have Easter 2003 and the
parties will alternate these holidays each year
3
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • RO,BOX1062 • HARRISBURG, PA17108
(717) 236-9428 • FAX(717)236-2817
thereafter.
iv. Other than Christmas, holiday time shall be from
10:00 a.m. until 6:00 p.m.
g. During the summer, each party shall be provided two (2)1
non-consecutive weeks of vacation with the child. Ea
party shall provide four (4) weeks written notice to
the other of the weeks in which they wish to exercise
vacation time.
3. The party commencing his/her period of custody shall be
responsible for transporting the child.
4. The parties agree that this Agreement shall be entered as a
Court Order.
S. The parties will begin following this Agreement on the date
same is executed by both parties.
EDWARD E. T- M,
iFivNIFER M. SCHAEFFER
WITNESS
DATE : a J 6
WITNESS
4
?i MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
Pauline Wallin, Ph.D.
Licensed Psychologist
& Associates
(717) 761-1814
FAX (717) 761-1942
EMAIL: pwallin@paonline.com
CUSTODY EVALUATION UPDATE
September 27, 2004
Name: Lake Tyson
Parents: Ed Tyson, Jennifer Schaeffer
201 South 32nd Street
Camp Hill, PA 17011
Referral
Mr. Tyson requested an update to Lake's previous custody evaluation (November 1,
2002) because he was concerned about comments Lake had made over a period of
several months, regarding events at his mother's house. Specifically Lake had mentioned
his stepfather's drinking and also arguments between his mother and stepfather.
Assessment Procedure
• Interview with Lake's father, Ed Tyson
• Interview with Lake's mother, Jennifer Schaeffer
• Interview with Jennifer Laratonda, Lake's stepmother
• Interview with Gary Schaeffer, Lake's stepfather
• Interview and play observation of Lake - individually and with each parent and each
step-parent
• Telephone consultations with Lake's teacher, Liz Reilly, and guidance counselor
Dana Carley
• Review of records:
o Court order 5/14/04 ordering custody evaluation
o Custody Conciliation Summary Report 4/26/04
o Custody Stipulation 4/23/03 signed by Mr. Tyson and Mrs. Schaeffer
Ed Tyson
Since the initial custody evaluation, Mr. Tyson has married Jennifer Laratonda. He
introduced her to Lake in January 2003 and they married in May 2004. She and Lake
reportedly have a close relationship.
Mr. Tyson still works from home most of the time, but travels to his office in Kennett
Square two days per week. He recently received a promotion from his employer.
B"
Tvson v. Schaeffer update ... Page 2
Mr. Tyson discussed events that had concerned him enough to petition the Court to order
a re-evaluation of Lake's current custody/visitation schedule.
In July 2003 when he and Lake were at an airport waiting for their flight to Montana,
they saw a man walking around stumbling and talking in a loud voice. The police were
called and the man was taken away. When Lake asked his father what this was all about,
Mr. Tyson told him that the man was probably drunk. Lake replied that his mother had
called Gary (his stepfather) "nothing but a drunk" that morning. Subsequently, Lake also
told his father about frequent fights between his mother and stepfather.
One day in August 2003, when it was time for Lake to go to his mother's house, he said
he didn't want to go and "threw a fit," according to Mr. Tyson. Mr. Tyson talked to
Lake's mother, and Lake stopped protesting for a while, but a few months later he started
again. He told his father that Gary yelled a lot, stomped on his toys, fought with his mom
and made her cry. Lake added that it scared him when Gary got mad.
Mr. Tyson reportedly had another conversation with Mrs. Schaeffer, but this time the
situation didn't improve. Lake continued to report episodes of fighting at his mother's
house. He told his dad that he missed his mom when he wasn't with her, but that he was
also afraid to go to her house.
Mr. Tyson's main concern is Lake's safety at his mother's home. There is no evidence
that Lake is being physically abused there. However, Lake's eczema flares up at his
mother's house, reflecting stress. He noted that Lake scratches himself when scolded or
when people talk in a loud voice. Lake returns from his mother's home with his legs all
scratched up.
He is also concerned that Lake's mother is not encouraging independent behavior. For
example, after going to the bathroom she would wipe his bottom rather than having him
do it himself. (I later asked Mrs. Schaeffer about this. She said that he sometimes needs
a little help, but she talked to him and now he wipes himself)
Mr. Tyson acknowledged that he had not given Mrs. Schaeffer "first right of refusal,"
i.e., to allow her take care of Lake when he was out of town during his custodial time.
He justified this by saying that this stipulation is not in the current custody agreement.
Recently when he and his wife went out of town for the weekend, Lake stayed with his
Ms. Laratonda's parents. He did not offer Mrs. Schaeffer the opportunity to have Lake
that weekend.
Jennifer Schaeffer
Mrs. Schaeffer questioned Mr. Tyson's motives in requesting a new custody evaluation.
She claimed that he was out to discredit her husband: "Ed doesn't care for Gary. It's the
Tyson v. Schaeffer update ... Page 3
same old issues." She added that Mr. Tyson's parents made up rumors about Gary. She
was generally defensive in responding to my questions about Mr. Tyson's allegations.
She acknowledged that her husband does have an issue with his temper. She attributed
much of his anger to the fact that they had to file bankruptcy last winter, and also to his
previous high-pressure job. However, they have since had some marriage counseling and
he still sees the therapist on his own.
Mrs. Schaeffer said her husband is not violent, just reactive. Lake is very sensitive to
loud noises. Thus, if Mr. Schaeffer spills something and grunts loudly, Lake gets upset.
She has tried to explain to the child that it's OK for people to show emotions. "Lake
needs to toughen up a bit and learn to deal with it."
Mrs. Schaeffer believes that her relationship with Lake is being undermined by his father.
Lake has said to her that he lives with his dad and visits his mom. She is angry that Mr.
Tyson makes decisions on the boy's behalf without consulting her. For example, last
summer he signed up Lake for a summer program, and more recently was trying to get
Lake interested in soccer. Also, she is convinced that Mr. Tyson's wife says negative
things about her, although she could not think of a specific example. When she sees
Lake's stepmother, the woman is cold to her and "very kissy" with Lake, such that Mrs.
Schaeffer feels pushed out of her relationship with her son.
As for Mr. Tyson's claim that he works at home and is available to Lake, she believes
that he travels more than he has reported. Teachers have told her that Lake is usually
picked up from school by Mr. Tyson's wife or by his mother rather than by Mr. Tyson
himself.
Mrs. Schaeffer said that Lake has been very happy in her care. There were some
problems when she was in the throes of financial problems with her business, but that is
over, and she and Lake have "really reconnected."
She is aware of the communication problems between the two families, and at the last
conciliation conference she offered to participate in joint counseling with her husband,
Mr. Tyson and his wife, but he refused.
Jennifer Laratonda
Ms. Laratonda has been married to Mr. Tyson since last May. Lake has told her that he's
bored at his mom's house: "All I do is watch TV. She doesn't pay attention to me." She
believes that Lake does things to get his mother to pay attention, e.g. asks her to wipe
him after he goes to the bathroom. Lake has indicated that he's very uncomfortable
around Mr. Schaeffer.
Tyson v. Schaeffer update ... Page d
Sometimes Lake comes back from his mother's house with his legs all scratched up, and
without having used his eczema lotion. Last year he had a fever for three days at his
mother's house, and she didn't take him to the doctor or get him medicine.
Ms. Laratonda said that at her home, her husband is Lake's primary caretaker. He does
most of the baths, takes Lake to bed and puts his lotion on. She comes in later to read
him a story and to help tuck him in.
She related her own personal history. (Histories of the other three adults in this
evaluation are described in the original custody report.) Ms. Laratonda was the middle
child of three siblings. She grew up in Altoona Her parents divorced when she was 18.
Her father had been verbally abusive. She has been very close with her mother, whom
she describes as intelligent, moral, strong, and "the most important relationship in my
life."
In school Jennifer was a good student, graduating in the top 10% of her class. She went
to law school and recently took the Bar exam. She works for a law firm, in corporate and
real estate law.
Prior to meeting Mr. Tyson she had two serious relationships - one in high
school/college and one in law school. She attributed the breakup of the first relationship
to differences in interest, and the breakup of the second relationship to the man's
11 sleazy' personality.
She enjoys family life with Mr. Tyson and Lake. She cooks and encourages Lake to try
new foods. She and Mr. Tyson are also trying to reinforce good table manners.
Gary Schaeffer
Mr. Schaeffer conceded that Lake might have said to his father that he didn't want to stay
with his mother, but "That was months ago." During that time the family was under
stress as they had to file for bankruptcy and he had to look for a job. Also, Lake had to
get used to the fact that his mother and stepfather were paying more attention to his
brother Grant, now two years old.
Since that time Mr. Schaeffer has been involved in counseling, both with his wife and
individually. He has been diagnosed with ADHD, for which he takes medication. He is
now less prone to frustration over little things, and is better able to focus.
Mr. Schaeffer seemed sincere in acknowledging that until recently he didn't realize how
much he had pulled away from Lake and how consumed he had been with his own
problems. He has made a conscious effort to pay more attention to Lake, and plans to
attend his school functions - something he didn't do before. He said that Lake now
comes and sits on his lap, gives him hugs and says he loves him.
Tyson v. Schaeffer update ... Page S
I asked Mr. Schaeffer about allegations and reports that he and his wife argued
frequently. "We're still not where we want to be," he said, "but we're getting there." He
added that he and Mrs. Schaeffer plan to eventually get back into marital counseling.
As for allegations about his being drunk in public, Mr. Schaeffer insisted that Mr.
Tyson's parents are on a campaign to denigrate him. While they reportedly claim that he
was so drunk at a bar that he didn't recognize them, he argues that the night in question
he was eating a salad and drinking a beer. Mr. Tyson's parents were eventually "kicked
out" of the bar because they kept asking questions about Mr. Schaeffer.
Lake Tyson
At his first visit during this evaluation update, Lake told me that he wanted to spend less
time at his mother's house because it was "boring." He said, "All I do is watch TV and
play." A few minutes later he said that sometimes his stepdad yells and his parents
argue. The yelling made him scared, although Lake conceded that Mr. Schaeffer had
never physically hurt him or his mom. He denied that either of his parents had coached
him on what to tell me.
Two months later Lake expressed concern to me that he didn't want to hurt Gary's
feelings if he told him about why he's coming here (i.e., to request spending more time
with his father.) He said that Gary gets stressed out easily, and he didn't want to upset
him.
He recently confided in his teacher at school that he got scared when Gary got mad at
him mom at a picnic, and that his mother said a "bad word" in return.
Lake said that he feels more at home at his father's house. There is no yelling or fighting
there. I asked Lake in which home he scratches his legs more. Without hesitation he
replied, "Mom's."
I observed Lake in play. His style from two years ago has not changed much. He is still
reluctant to be spontaneous and take appropriate risks. He prefers to be told what to do
and how to do it. He prefers to copy someone else's artwork than to try something new
on his own. He is also fastidious and orderly in using toys and art supplies.
Lake was quite affectionate and playful with his mother in the waiting room and the
playroom. In the waiting room he cuddled up to her on the couch. He was alert to her
cell phone ringing, and poked her to remind her. At play they teased each other gently
and danced around the room together. While playing a board game on the floor, he
snuggled up to her and placed his hand on her arm. Also, Lake was quite affectionate
with his brother. For example, as he left the waiting room he lovingly pinched the
toddler's cheek.
Tyson v. Schaeffer update ... Page 6
When I observed Lake and his father together, Lake was in a silly mood, drawing
pictures of his dog "pooping." He did not seem upset by his father's disapproval and
admonition to draw a "more appropriate" picture. That is, he did not become silent, nor
did he start scratching himself. He eventually did comply with his father's wishes.
With his stepmother Lake was eager to show her items in the playroom. He looked to her
for direction in his play. While they were playing with puppets Lake asked a couple of
times how much time was left in our session, as he wanted to do something else after the
puppets. He was obviously vigilant. Subsequently he started playing with Legos and
during this time he suddenly announced, " I don't feel so good." His stomach hurt. There
was no perceptible stressor that would have triggered this. Ms. Laratonda said that this
happens at unpredictable times.
With his stepfather Lake seemed quite comfortable, in contrast to his self-report that he
worries about upsetting him. Lake and Mr. Schaeffer engaged in animated conversation
as they set up a zoo and cafe using small plastic pieces. Mr. Schaeffer was clearly the
director, but Lake enthusiastically piped in with his own suggestions and comments.
Behavioral Observations of Parents and Step-parents with Lake
All four adults displayed appropriate supportive and affectionate behavior when
interacting with Lake. They all had slightly different parenting styles, but none seemed
detrimental to Lake.
They all spoke to him in calm, gentle tones. The only adult whom I observed
admonishing Lake was his father, described above. Lake took this well.
It is apparent that Lake feels close to all the adults in his life. He addressed them all as
,'mom" or "dad" and referred to them as such in conversation. He was affectionate
toward all of them.
My observations were made under controlled conditions for limited periods of time.
None of the adults lost self-control during these times. From Lake's report, as well as
Mr. Schaeffer's self-report, however, it is evident that life at the Schaeffer household is
noisier and more tense than at the Tyson household.
Telephone Consultations
I talked with Lake's teacher, Liz Reilly and his school guidance counselor, Dana Carley.
Ms. Reilly described Lake as coming to school "ready to learn." He is on time;
homework is done; he appears well rested and well groomed. She said that he has begun
the year reading at grade level, after having received some extra help last year. He
Tyson v. Schaeffer update ... Page 7
responds well to structure and likes to know what is coming up next. Lake is socially
comfortable and plays well with his peers.
Ms. Reilly also commented on Mrs. Schaeffer's organization of Lake's backpack. Mrs.
Schaeffer has designated one of the pockets as the place to hold papers that his father has
not yet read. It is thus evident that Mrs. Schaeffer behaves in a cooperative manner when
it comes to communicating with Lake's father on school-related matters.
Dana Carley is the guidance counselor at Lake's school. At the beginning of the year she
went around to classrooms to introduce herself, and invited the children to come and talk
to her if they felt the need. Lake later asked to speak to her. He shared with her some
reports of arguments at his mother's house, and said that it stressed him out. At the next
visit with Ms. Carley he reported having had a good time with his mother at his
grandparents house. His stepfather was not there.
I also talked with Dr. Ralph Whitaker, who has seen Mr. Schaeffer in psychotherapy for
almost a year. He said that Mr. Schaeffer made significant improvement after getting on
appropriate medication. He currently sees Mr. Schaeffer every two weeks, and notes that
improvement has stabilized and leveled off.
Interpretations and Recommendations
Ed Tyson is understandably concerned about his son's well-being. Because
communication with Lake's mother is difficult for him, he does not always verify what
Lake tells him regarding situations at his mom's house. He tends to feel overprotective
when he hears the child complain.
While Lake's father often overreacts to his complaints, Mrs. Schaeffer minimizes them.
She agreed that Lake might be sensitive, but also contended that he has to "toughen up.
She acknowledged arguments with her husband, but attributed them more to stress than
to personality issues. Now that their financial problems are under control, she reports
conflict to be minimal.
According to Lake, however, his mother and stepfather still argue. Most recently he
related an incident at a picnic over some trivial issue, which resulted in Mr. Schaeffer's
abrupt departure.
Lake feels somewhat protective of his mother. He worries about his stepfather getting
"stressed out" and making his mother cry. He feels anxious at his mother's house, even
when there is no arguing, because he anticipates that people might start arguing. He is
vigilant for signs of disharmony. His anxiety manifests itself in terms of eczema, which
is why he scratches himself more at this mother's house than at his father's house.
Tvson v. Schaeffer update ... Page 8
The solution here is not necessarily to reduce Lake's time with his mother, whom he
feels quite close to, but rather to help him deal with his anxiety. Lake's personality is
one that does not cope well with volatility. He needs structure and predictability to feel
secure.
It is thus recommended that Lake receive psychotherapy, with active involvement by his
mother and stepfather. The goals would be to help Lake make more realistic appraisals
of situations, such that his anxiety is reduced, and to help him develop coping skills to
deal with stressful situations. From the mother's and stepfather's point of view, the goal
would be to recognize the parameters (situational and personality) of Lake's anxiety
problems, and to respond in ways that build his coping skills.
It is recommended that the family have at least eight sessions within a maximum of four
months, and that Mr. Tyson be involved in two of them. Termination of psychotherapy
would be at the discretion of the therapist.
If, by March 31, 2004, the therapist does not see improvement in Lake's anxiety about
spending time with his stepfather, then it is recommended that Mrs. Schaeffer's custodial
time be reduced to every other weekend (Saturday and Sunday only), until Lake reaches
a point where contact with his stepfather does not cause him distress.
Respectfulll/llJy,, submitted,
Pauline Wallin, Ph.D.
Licensed Psychologist
VERIFICATION
I, Edward E. Tyson verify that the
statements made in this Motion for Hearing
are true and correct to the bes
of my knowledge, information and belief. I understand that fals
statements herein are made subject to the penalties of 18 Pa.
1
C.S. Section 4904, relating to unsworn falsification to
authorities.
J
Dated: 5/24/2005
(X ) Plaintiff
( Defendant
MEYERS, DESFOR, SALTZGIVER & BOYLE
416 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
Q17) 236-9428 • FAX (717) 236-2817
ARD E. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA
vs. NO. 02-1475
LIFER M. SCHAEFFER, CIVIL ACTION - LAW
Defendant IN CUSTODY/VISITATION
CERTIFICATE OF SERVICE
I hereby certify that on thi.,i?- 'tl' day of May, 2005, a copy of the foregoing Motion for
was sent via U.S. mail to:
Jennifer M. Schaeffer
c/o: Jarad Handelman, Esquire
James Smith Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
1
Catherine A. Boyle, Esquire
I.D. #76328
Attorney for Plaintiff
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • PO. BOX 1062 • HARRISBURG, PA 17108
(717)236-9428 • FAX (7t7) 236-2817
d
w 0
L g
l
RECEIVED AUG 01 2005 4;
EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 02-1475 CIVIL TERM
V.
CIVIL ACTION - LAW
JENNIFER M. SCHAEFFER,
IN CUSTODY
Defendant
HESS, J. --
ORDER OF COURT
AND NOW, this 2z2d day of August, 2005, upon consideration of the Custody
Conciliation Summary Report, it is hereby ordered and directed as follows:
1. A hearing to determine the issue of the custodial schedule while the parties
participate in and complete a custody evaluation is scheduled ? Courtroom Number 4 of the
Cumberland County Courthouse, on the 304 day of 7Z411p,=fiea?, 2005, at
9. 30 o'clock $.M., at which time testimony will be taken. For the purposes of the
hearing, the Father, Edward E. Tyson, shall be deemed to be the moving party and shall
proceed initially with testimony. Counsel for the parties or the parties pro se shall file with
the Court and opposing counsel/party a memorandum setting forth each party's position on
custody, a list of witnesses who are expected to testify at the hearing, and a summary of the
anticipated testimony of each witness. These memoranda shall be filed at least ten days
prior to the hearing date.
2. Pending hearing, or an agreement of the parties, the Order of April 23, 2003
shall remain in full force and effect.
BY THE COURT:
A. Hess, J.
Dist:f ne A. Boyle, Esquire, 410 North Second S(/et, Harrisburg, PA 17108
ad. Handelman, Esquire, PO Box 650, Hershey, PA 17033
r
?a
?I :DI `JV Z- 01"'I ? l7
3HI --10
EDWARD E. TYSON,
Plaintiff
V.
JENNIFER M. SCHAEFFER,
Defendant
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Lake E. Tyson March 26, 1997 Father
2. Father filed a Motion for Hearing on May 25, 2005. A Custody Conciliation
Conference was held on July 19, 2005. Present for the Conference were: the Father,
Edward E. Tyson, and his counsel, Catherine A. Boyle; the Mother, Jennifer M. Schaeffer
participated pro se. She reports that she continues to be represented by Mr. Handelman
but he was required to be in Court on a criminal matter at the date and time of the
Conference.
3. Father's Position on Custodv is as Follows: Father's report is that the parties
have completed the counseling recommended in Dr. Wallin's Custody Evaluation Report of
September 27, 2004. This therapy was apparently completed between February 2005 and
May 2005. From Father's perspective, the child continues to have anxiety in response to
the family turmoil in Mother's home. This anxiety is manifested by an increase in scratching
behavior associated with eczema. As a result of the continued anxiety symptoms, Father
seeks to reduce Mother's custodial time to alternating weekend periods of custody from
Saturday to Sunday. Father relies on Dr. Wallin's recommendation that if the therapist did
not see improvement in Lake's anxiety about spending time with his step-father, Mother's
time be reduced to every other weekend, Saturday and Sunday only, until Lake reaches the
point where the step-father does not cause him distress. Father expressed his concern that
the family circumstances in the Mother's home have been a chronic condition and that it has
only been recently that Mother acknowledged what Father believed all along, that the step-
father has a chemical dependency problem, specifically with alcohol, and that there are
serious financial difficulties in the home as evidenced by a recent bankruptcy filing. Father
believes that the Mother and step-father have been deceptive with regard to the emotional
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475 CIVIL TERM
CIVIL ACTION - LAW
NO. 02-1475 CIVIL TERM
environment to which the child is subject in their home and is therefore not placated by
Mother's representation that the step-father is now regularly participating in a twelve-step
recovery program.
4. Mother's Position on Custody is as Follows: Mother relies on the report of the
therapist which she claims suggests not to reduce her time with Lake but to re-organize the
time. Mother further reads the report to say that the issues between Lake and the step-
father have been resolved. Neither party presented the therapist's report at the time of the
Conciliation Conference.
5. Because Mother was not willing to reduce her time in accordance with
Father's request, a hearing will be necessary. For scheduling purposes, the Conciliator
notes that Plaintiffs counsel is not available from September 2, 2005 through September
12, 2005 and that the Mother is not available September 2, 2005 through September 5,
2005. Father is not available August 14, 2005 through August 21, 2005. Inasmuch as it is
expected that there will testimony from Dr. Wallin and from Pamela McDermott, a full-day
hearing will be nece ary.
ate Melissa Peel Greevy, Esqui
Custody Conciliator
:255481
EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 02-1475 CIVIL
JENNIFER M. SCHAEFFER,
Defendant CUSTODYNISITATION
ORDER
AND NOW, this -2 3'=' day of November, 2005, at the request of counsel for the
parties, the hearing in this matter set for November 30, 2005, is continued to Friday, March 31,
2006, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Xatherine A. Boyle, Esquire
For the Plaintiff
/Yarad Handelman, Esquire ,
For the Defendant p
Arn
Kev' A. Hess, J.
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EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 02-1475 CIVIL
JENNIFER M. SCHAEFFER,
Defendant CUSTODYNISITATION
ORDER
AND NOW, this -7o - day of March, 2006, on request of counsel for the parties, the
hearing is herein is continued generally, the court to await submission of a proposed order to be
entered by agreement.
BY THE COURT,
, atherine A. Boyle, Esquire
For the Plaintiff
,/earad Handelman, Esquire
For the Defendant
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EDWARD E. TYSON,
Plaintiff
VS.
JENNIFER M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this i9` day of 44a % , 2006
attached Custody Stipulation signed by the parties to this
on, a copy of which is attached hereto, is hereby
rporated by reference and all terms and conditions are
by given full force and effect as an Order of Court.
fl?rf
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236.9428 • FAX(717)236-2817
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EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 02-1475
JENNIFER M. SCHAEFFER, CIVIL ACTION -- LAW
Defendant IN CUSTODY/VISITATION
CUSTODY STIPULATION
WHEREAS, Edward E. Tyson (hereinafter "Father") and
Jennifer M. Schaeffer (hereinafter "Mother") are the parents of
one minor child, namely Lake E. Tyson (date of birth March 26,
1997); and,
WHEREAS, Father filed a Petition to Modify Custody in the
Court of Common Pleas of Cumberland County docketed to No. 02-
1475;
In light of the foregoing, the parties have reached the
following agreement:
1. The parties shall share legal custody of the child.
2. Physical custody shall be as follows:
a. Father shall have primary physical custody subject to
partial physical custody in Mother.
b. Mother shall have custody of the child every other
weekend commencing on Friday after school until Monday
morning when school begins.
C. Every other week, when Mother does not have the
upcoming weekend, Mother shall have the child on
Wednesdays. During the school year, Mother shall have
the child from Wednesday from after school until 7:00
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX(717)23&2817
d
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f
p.m. During the summer, when Lake does not have
school, Mother shall have the child from 9:00 a.m.
until 7:00 p.m.
Mother shall pick Lake up from school to commence her
periods of custody and shall drop Lake off at school is
the mornings to end her periods of custody. Mother
shall also provide the transportation on her
Wednesdays.
Lake shall attend school in Father's school district.
The holiday schedule is as follows:
i. Every Mother's Day shall be spent with Mother and
every Father's Day shall be spent with Father.
ii. The Christmas holiday shall be divided into two
periods. Period I shall commence 12:00 p.m. on
Christmas Eve until 12:00 p.m. Christmas Day.
Period II shall commence L2:00 p.m. on Christmas
Day until 12:00 p.m. on December 26th. Mother
shall have custody of the child for Period I for
Christmas 2003 and for every odd numbered year
thereafter. Father shall have custody of the
child for Period II for Christmas 2003 and for
every odd numbered year thereafter. The parties
shall alternate periods each year.
3
MEYERS, OESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717)236-2817
iii. Easter, Memorial Day, July 4th, Labor Day and
Thanksgiving shall be alternated by the parties
each year. Father shall have Easter 2003 and the
parties will alternate these holidays each year
thereafter.
iv. Other than Christmas, holiday time shall be from
10:00 a.m. until- 6:00 p.m.
g. During the summer, each party shall be provided two (2
non-consecutive weeks of vacation with the child. Ea
party shall provide four (4) weeks written notice to
the other of the weeks in which they wish to exercise
vacation time.
3. Other than set forth herein, the party commencing his/her
period of custody shall be responsible for transporting the
child.
4. The parties agree that this Agreement shall be entered as a
Court Order.
5. The parties will begin following this Agreement on the date
same is executed by both parties.
EDWARD E. TYSON
- (
ITNESS
DATE:
4
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX(717)236-2817
EDWARD E. TYSON,
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Petitioner :
JENNIFER M. SCHAEFFER,
Defendant/Respondent
: No.: 02-1475
CIVIL ACTION - LAW
IN CUSTODYNISITATION
PETITION TO MODIFY CUSTODY
AND NOW comes Plaintiff, Edward E. Tyson, and files this Petition to Modify Custody
and, in support thereof, avers as follows:
1. Petitioner is Edward E. Tyson ("Father"), an adult individual currently residing at
540 Orrs Bridge Road, Camp Hill, Pennsylvania 17011.
2. Respondent is Jennifer M. Schaeffer ("Mother"), an adult individual currently
residing at 413 Yale Avenue, Mount Gretna, Pennsylvania 17064.
3. The parties are the parents of a minor child, namely Lake E. Tyson, whose date of
birth is March 26, 1997.
4. A Custody Order was entered on April 23, 2003, adopting a stipulation of the
parties whereby Father had primary physical custody subject to periods of partial physical
custody in Mother. (See Order dated April 23, 2003, attached hereto as Exhibit A.)
5. A custody Order was entered on April 18, 2006 adopting a stipulation of the
parties, whereby Father maintained primary physical custody subject to decreased partial
physical custody in Mother. (See Order dated April 18, 2006, attached hereto as Exhibit B.)
6. Recently, Father accepted an employment position with a new company, which
requires Father to relocate to Orange County, California no later than mid-June 2008.
7. Father hereby requests a modification of the current Custody Order due to
Father's relocation.
Father believes that it is in the best interests of the child to modify the current
Custody Order due to Father's relocation.
WHEREFORE, Plaintiff, Edward E. Tyson, respectfully requests this Honorable Court
grant his Petition to Modify Custody.
Date:
/Z:101 Y 7"Oe-??
Edward E. Tyson
Plaintiff, Pro Se
•
V
VERIFICATION
I, Edward E. Tyson, verify the statements made in this Petition to Modify Custody are
true and correct to the best of my knowledge, information, and belief. I understand false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: y O
Edward E. Tyson 101
Plaintiff
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EDWARD E. TYSON,
V.
Plaintiff
JENNIFER M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No.: 02-1475
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
CERTIFICATE OF SERVICE
I hereby certify that on this y day of February, 2008, a copy of the foregoing Petition
to Modify Custody was sent via U.S. mail to:
Jennifer M. Schaeffer
413 Yale Avenue
Mount Gretna, Pennsylvania 17064
17-
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EDWARD E. TYSON IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2002-1475 CIVIL ACTION LAW
JENNIFER M. SCHAEFFER
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, February 11, 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 Thursday, March 20, 2008 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. 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.
Custody Conciliator -
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabiiites 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
p?? 4,69
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EDWARD E. TYSON,
V.
Plaintiff
JENNIFER M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 02-1475
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
CERTIFICATE OF SERVICE
I hereby certify that on this y day of February, 2008, a copy of the foregoing Petition
to Modify Custody was sent via U.S. mail to:
Jennifer M. Schaeffer
413 Yale Avenue
Mount Gretna, Pennsylvania 17064
,?d+?c?ar-c? ?? ysan
r
EDWARD E. TYSON,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No.: 02-1475
Defendant/Respondent
CIVIL ACTION -LAW
IN CUSTODY/VISITATION
PRAECIPE TO ATTACH EXHIBITS
V.
Plaintiff/Petitioner
JENNIFER M. SCHAEFFER,
TO THE PROTHONOTARY:
On February 6, 2008, Plaintiff filed a Petition to Modify Custody ("Petition") for the
above-captioned matter. In Paragraph 4 of the Petition, Plaintiff referred to the Order dated
April 23, 2003 and described said document as "Exhibit A". In Paragraph 5 of the Petition,
Plaintiff referred to the Order dated April 18, 2006 and described said document as "Exhibit B".
Plaintiff failed to attach Exhibits A and B to the Petition upon filing.
Due to the failure of Plaintiff to attach Exhibits A and B to the Petition upon filing, please
attach to the Petition as Exhibit A the Order dated April 23, 2003 (attached hereto as Exhibit A)
and as Exhibit B the Order dated April 18, 2006 (attached hereto as Exhibit B).
Respectfully Submitted,
Date: / By: L _..
Edward E. Tyson
Plaintiff, Pro Se
EXHistT 8
EDWARD E. TYSON,
Plaintiff
JENNIFER M. SCR EFFER,
Defendant
OF COMMON PLEAS
IN THE COURT
COUNTY, PENNSYLVA"IA
CUMBERLAND
NO. 02-1475
CIVIL, ACTION - LAW
IN CUSTODY/VISITATION
ORDER OF COURT
2003
this day of
part e to this
1
AND HOW ,
Custody Stipulation signed by the
the attacked is hereby
• a copy of which is attached hereto conditions are
action,
orated by reference and all terms a
incorp n order of Court.
full force and effect as an 0
hereby given
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EDWARD E. TYSON,
Plaintiff
VS.
JENNIFER M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
CUSTODY STIPULATION
WHEREAS, Edward E. Tyson (hereinafter "Father") and
Jennifer M. Schaeffer (hereinafter "Mother.") are the parents of
one minor child, namely Lake E. Tyson (date of birth March 25,
1997) ; and,
WHEREAS, Father filed a Complaint for Custody in the Court
of Common Pleas of Cumberland County docketed to No. 02-1475;
In light of the foregoing, the parties have reached the
following agreement:
1. The parties shall share legal custody of the child.
2. The parties shall share physical custody as follows:
a. Father shall have primary physical custody subject to
partial physical custody in Mother.
b. Mother shall have custody of the child every other
weekend. On the weekends when Mother has Lake, her
time shall commence on Friday after school and end on
Monday morning when school begins. On one of the
weekends per month when Mother has Lake, at a time
mutually agreed upon by the parties, Mother's time
shall commence on Thursday after school and end on
Monday morning when school begins.
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108
thereafter.
iv. Other than Christmas, holiday time shall be from
10:00 a.m. until 6:00 p.m.
g. During the summer, each party shall be provided two (2
non-consecutive weeks of vacation with the child. Eac
party shall provide four (4) weeks written notice to
the other of the weeks in which they wish to exercise
vacation time.
3. The party commencing his/her period of custody shall be
responsible for transporting the child.
4. The parties agree that this Agreement shall be entered as al
Court Order.
5. The parties will begin following this Agreement on the datel
same is executed by both parties.
EDWARD E. T' RCN
4k?"-e? z 4
WITNESS ??Z_
DATE: 07/ 6
jEivNIFER M. SCHAEFFER
V
WITNESS
4
MEYERS, DESFOR, SALTZGIVER 6 BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236.9428 • FAX (717) 236.2817
EXHIBIT B
+&- M
EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 02-1475
JENNIFER M. SCHAEFFER, CIVIL ACTION - LAW
Defendant IN CUSTODY/VISITATION
ORDER OF COURT
I AND NOW, this 1 $ ` day of 2006
the attached Custody Stipulation signed by the parties to this
action, a copy of which is attached hereto, is hereby
incorporated by reference and all terms and conditions are
hereby given full force and effect as an Order of Court.
ilcrf
ECORD
here u?10 set my liand
I
oi- Said Court at arlisle, Pa.
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PlAonotary
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
• s
JEDWARD E. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 02-1475
JENNIFER M. SCHAEFFER, CIVIL ACTION - LAW
Defendant IN CUSTODY/VISITATION
CUSTODY STIPULATION
WHEREAS, Edward E. Tyson (hereinafter "Father") and
Jennifer M. Schaeffer (hereinafter "Mother") are the parents of
one minor child, namely Lake E. Tyson (date of birth March 26,
1997) ; and,
WHEREAS, Father filed a Petition to Modify Custody in the
Court of Common Pleas of Cumberland County docketed to No. 02-
1475;
In light of the foregoing, the parties have reached the
following agreement:
1. The parties shall share legal custody of the child.
2. Physical custody shall be as follows:
a. Father shall have primary physical custody subject to
partial physical custody in Mother.
b. Mother shall have custody of the child every other
weekend commencing on Friday after school until Monday
morning when school begins.
C. Every other week, when Mother does not have the
upcoming weekend, Mother shall have the child on
Wednesdays. During the school year, Mother shall have
the child from Wednesday from after school until 7:00
MEYERS, DESFOR, SAL-,ZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
..
-11 p.m. During the summer, when Lake does not have
school, Mother shall have the child from 9:00 a.m.
until 7:00 p.m.
d. Mother shall pick Lake up from school to commence her
periods of custody and shall drop Lake off at school ii
the mornings to end her periods of custody. Mother
shall also provide the transportation on her
Wednesdays.
e. Lake shall attend school in Father's school district.
f. The holiday schedule is as follows:
i. Every Mother's Day shall be spent with Mother and
every Father's Day shall be spent with Father.
ii. The Christmas holiday shall be divided into two
periods. Period I shall commence 12:00 p.m. on
Christmas Eve until 12:00 p.m. Christmas Day.
Period II shall commence 12:00 p.m. on Christmas
Day until 12:00 p.m. on December 26th. Mother
shall have custody of the child for Period I for
Christmas 2003 and for every odd numbered year
thereafter. Father shall have custody of the
child for Period II for Christmas 2003 and for
every odd numbered year thereafter. The parties
shall alternate periods each year.
3
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
A AL
iii. Easter, Memorial Day, July 4th, Labor Day and
Thanksgiving shall be alternated by the parties
each year. Father shall have Easter 2003 and the
parties will alternate these holidays each year
thereafter.
iv. Other than Christmas, holiday time shall be from
10:00 a.m. until 6:00 p.m.
g. During the summer, each party shall be provided two (2
non-consecutive weeks of vacation with the child. Ea
party shall provide four (4) weeks written notice to
the other of the weeks in which they wish to exercise
vacation time.
3. Other than set forth herein, the party commencing his/her
period of custody shall be responsible for transporting the
child.
4. The parties agree that this Agreement shall be entered as a
Court order.
5. The parties will begin following this Agreement on the date
same is, executed by both parties.
EDWARD E. TYSON
_r
WITNESS
DATE:
4
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET P.O. BOX 1062 • HARRISBURG, PA 17108
t7 O
Jarad W. Handelman, Esquire
Attorney I.D. #82629
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Telephone: 717-533-3280
Fax: 717-533-2795
e-mail: jwhnajsdc.com
EDWARD E. TYSON,
Plaintiff
V.
JENNIFER M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475
CIVIL ACTION -LAW
IN CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of the Defendant, Jennifer M.
Schaeffer, with respect to the above-captioned matter.
Respectfully submitted,
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
Dated: February 15, 2008
By:
JARAD W. HANDELMAN, ESQUIRE
Attorney I.D. #82629
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
.-- _4%
CERTIFICATE OF SERVICE
I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct
copy of the foregoing Praecipe for Entry of Appearance upon the following below-named
individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County,
Pennsylvania this 15th day of February, 2008.
SERVED UPON:
Edward E. Tyson
540 Orrs Bridge Road
Camp Hill, PA 17011
Hubert X. Gilroy, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
By:
JARAD W. HANDELMAN, ESQUIRE
Attorney I.D. #82629
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
P-11)
cal.
.m.
?`Tt
'n
EDWARD E. TYSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
JENNIFER M. SCHAEFFER,
Defendant
CIVIL ACTION - LAW
NO. 2002-1475
IN CUSTODY
f COURT ORDER
AND NOW, this 4#14( day of March, 2008, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the
2' day of April, 2008 at 1:30 p.m. At this hearing, the father shall be the moving party and
shall proceed initially with testimony. Counsel for the parties, or the parties themselves if
they do not retain counsel, shall file with the Court and opposing counsel or party a
memorandum 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 days prior to the mentioned hearing
date.
2. In the event either party intends to call an expert or professional witness at the hearing, a
written report from that witness must be furnished to the other party or attorney on or before
March 26, 2008. In addition to the report, a summary of the witnesses credentials must also
be furnished.
3. It is noted that this case involves a proposed relocation and the parties or their counsel
should be prepared to address the appropriate issues involved in a relocation at the hearing.
cc: ,darad W. Handelman, Esquir
Edward E. Tyson
BY THE COURT,
mno
EDWARD E. TYSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
JENNIFER M. SCHAEFFER,
Defendant
Prior Judge: Kevin A. Hess
: CIVIL ACTION - LAW
NO. 2002-1475
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 children who are the subject of this litigation
is as follows:
Lake E. Tyson, born March 26, 1997.
2. A Conciliation Conference was held on March 20, 2008, with the following individuals
in attendance:
The mother, Jennifer M. Schaeffer, with her counsel, Jarad W. Handelman, Esquire, and
the father, Edward E. Tyson, who appeared without counsel.
3. The status quo is that the father has primary physical custody and the mother has enjoyed
temporary physical custody on alternating weekends, holidays, and some evenings during
the week along with summer vacation. Father has recently accepted a position in
California and will be relocating to California in late or mid June. Father wants to take
the child with him and continue his primary custodial relationship in California. Mother
is opposed to the relocation. The parties are not able to reach an agreement and a
Conciliator recommends an Order in the form as attached.
Date: d X'-?
Esquire
ubert X. GVor
Custody Con
EDWARD E. TYSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 02-1475
JENNIFER M. SCHAEFFER, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
PETITION FOR UPDATED CUSTODY EVALUATION
AND NOW, comes the Petitioner, Edward E. Tyson, by and through his attorneys,
Meyers, Desfor, Saltzgiver & Boyle and files the following Petition for Updated Custody
Evaluation, and in support thereof avers as follows.
1. Petitioner is Edward E. Tyson, an adult individual residing at 540 Orrs Bridge Road,
Camp Hill, Pennsylvania 17011 (hereinafter "Father").
2. Respondent is Jennifer M. Schaeffer, an adult individual residing at 413 Yale Avenue,
Mount Gretna, Pennsylvania (hereinafter "Mother").
3. The parties are formerly Husband and Wife and were divorced by final Decree in
Divorce on December 20, 1993.
4. The parties are the parents of one minor child namely, Lake E. Tyson, whose date of
birth is March 26, 1997.
5. The parties separated when the child was three years old. Father has maintained
primary physical custody since that time.
6. On March 26, 2002, Father filed a Complaint for Custody seeking primary physical
custody of the minor child.
7. One day of hearing was held on July 26, 2002, before the Honorable Kevin A. Hess.
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
At the conclusion of the hearing, Judge Hess ordered Father maintain primary physical
custody and ordered the parties to undergo a custody evaluation, with the costs for
same being split equally by the parties.
8. Thereafter, the parties agreed upon Dr. Pauline Wallin as the custody evaluator.
9. On November 1, 2002, Dr Wallin issued a report recommending primary physical
custody remain with Father. Ultimately, just prior to the next day of scheduled
hearing, Dr. Wallin's recommendations brought about an amicable settlement between
the parties.
10. On or about February 11, 2004, Father filed a Petition to Modify the parties'
agreement because of his concerns with the stability in Mother's home. The child
reported frequent arguments between Mother and Stepfather and being uncomfortable,
even frightened, in Mother's home. It was also believed that Stepfather was an
alcoholic. The situation resulted in at least one separation where Mother and the child
moved from the house, and significant financial difficulties, including filing for
bankruptcy.
11. At the conciliation on Father's Petition to Modify, the parties agreed to update their
prior evaluation completed by Dr. Wallin, again splitting the cost of the evaluation
equally.
12. Dr. Wallin issued an updated evaluation on September 27, 2004. Dr. Wallin
recommended four (4) months of counseling, primarily for the child, Mother and
Stepfather. If the child's anxiety did not improve during that time, Dr. Wallin
4
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
recommended decreasing Mother's custodial time.
13. The recommended counseling took Mother and Stepfather more than four (4) months
to complete.
14. Father did not believe Lake's anxiety improved and petitioned the Court for a hearing
on his Petition to Modify.
15. The parties, after discussion with the Court, agreed to update the Custody Evaluation
to provide current information at trial. A hearing was also scheduled.
16. On March 24, 2006, Dr. Wallin completed her second Custody Evaluation Update and
recommended a substantial decrease in Mother's custodial time to essentially one
overnight every other weekend. Dr. Wallin concluded that Mother's home was
causing the child much anxiety. Mother and Stepfather's relationship was volatile and
Stepfather acknowledged being an alcoholic.
17. Thereafter, the parties again, just prior to the hearing, entered a Custody Stipulation on
April 18, 2006, decreasing Mother's time to essentially every other weekend. This
Stipulation remains in effect currently.
18. On or about November 2007, Father sought additional therapy for the child because of
the ongoing issues in Mother's home.
19. Mother initially objected to the therapy, but has since consented to same. The child
has been seen through the beginning of this year.
20. Additionally, in January 2008, Father was offered and accepted a position in Irvine,
California. During the negotiation process for the job, Father kept Mother informed of
5
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
the possibility that he may request to relocate to California with the child. Father also
attempted, unsuccessfully, to negotiate a position with this company in the Central
Pennsylvania area.
21. Mother does not consent to the relocation and therefore, Father was forced to file a
Petition to Relocate on February 6, 2008. The matter is scheduled for a hearing before
the Honorable Kevin A. Hess on June 19, 2008.
22. Father believes that there are ongoing issues in Mother's home which continue to
cause the child anxiety.
23. Father believes that the relocation is in the child's best interest but, he also has
concerns about the child spending extended and uninterrupted periods of time in
Mother's home.
24. Indeed, every recommendation from Dr. Wallin and each subsequent Custody
Agreement between the parties do not provide extended periods of time with Mother.
25. For these reasons, Father believes an updated custody evaluation is necessary to assist
the Court in its ultimate determination regarding Father's Petition to Relocate.
26. Because the parties have agreed upon Dr. Wallin in the past and due to her extensive
involvement in this matter, Father believes it is appropriate to appoint Dr. Wallin to
conduct a Custody Evaluation Update.
27. The appointment of Dr. Wallin would also likely be less costly than involving an
entirely new evaluator.
6
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
28. Time is of the essence in this matter, as a hearing is scheduled for June 19, 2008,
before the Honorable Kevin A. Hess.
29. Father's attorney contacted Mother's attorney regarding this matter and Mother does
not agree to have the update performed.
30. Father requests that Mother submit to a Custody Evaluation Update pursuant to
Pa.R.C.P. 1915.8. Father requests that Dr. Pauline Wallin be the appointed the
evaluator, and that the parties equally split the cost of the evaluation.
WHEREFORE, Petitioner, Edward E. Tyson, hereby requests this Honorable Court
order the parties participate in a Custody Evaluation Update with Dr. Pauline Wallin and that
the parties equally split the cost of said evaluation.
Respectfully submitted,
Xathervineyle, Esquire
Attorney I.D. 976328
Meyers, Desfor, Saltzgiver & Boyle
410 North Second Street
Harrisburg, PA 17101
(717)236-9428
Attorney for Petitioner
7
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
VERIFICATION
I, Edward E. Tyson , verify that the
statements made in this Petition for Updated Custody
Evaluation
are true and correct to the best
of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to
authorities.
Dated: 4/8/2008 J
(X ) Plaintiff
( ) Defendant
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
EDWARD E. TYSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 02-1475
JENNIFER M. SCHAEFFER, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify on thiAM day of 2008, that a copy of the foregoing
Petition for Custody Evaluation Update was sent via Federal Express to:
Jennifer M. Schaeffer
c/o Jarad Handelman, Esquire
James, Smith, Diettrick & Connelly, L.L.P.
P.O. Box 650
Hershey, PA 17033
Catherine A. Boyle, Esquire
Attorney for Petitioner
8
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236.9428 • FAX (717) 236-2817
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EDWARD E. TYSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 02-1475
JENNIFER M. SCHAEFFER, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
RULE TO SHOW CAUSE
AND NOW, this IV' day of 9 ,'/ % , 2008, a Rule is hereby entered to
show cause why, if any, the relief requested in the within Petition for Updated Custody
Evaluation should not be granted.
Rule returnable iS days from date of service.
BY THE COURT
x?44
J.
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236.9428 • FAX (717) 236-2817
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Jarad W. Handelman, Esquire
Attorney I.D. #82629
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Telephone: 717-533-3280
Fax: 717-533-2795
e-mail: jwh(@Jsdc.com
EDWARD E. TYSON,
Plaintiff
V.
JENNIFER M. SCHAEFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1475
CIVIL ACTION - LAW
IN CUSTODY
DEFENDANT'S ANSWER IN OPPOSITION TO PLAINTIFF'S
PETITION FOR UPDATED CUSTODY EVALUATION
AND NOW, comes the Defendant, Jennifer M. Schaeffer, by and through her attorneys,
James, Smith, Dietterick & Connelly, LLP, to answer and oppose the Petition for Custody
Evaluation filed by Plaintiff, Edward E. Tyson. Defendant avers as follows:
1-4. Admitted.
5. Denied as stated. Father has not maintained primary physical custody of the child
since the parties' separation. To the contrary, the parties shared custody equally of the child until
the time the first Custody Order was put in place in 2002. By way of further answer, Mother has
faithfully exercised custody of the subject minor child throughout the parties' separation and
pursuant to any Orders issued by this Honorable Court.
6. Admitted.
7. Admitted. By way of further answer, the issues referred by this Honorable Court
to the Custody Evaluator involved a determination of the initial custodial schedule to be
implemented for the child. None of the issues prevalent in 2002 when the Custody Evaluator
was initially appointed are at issue in the current relocation dispute. Accordingly, Father's
reference to such evaluation convened at the direction of this Honorable Court more than seven
(7) years ago has no relevance to the instant request for the performance of an "updated"
evaluation.
8-9. Admitted.
10. Denied. The averments of paragraph ten (10) are specifically denied. Although it
is admitted that Father contrives allegations similar to those in paragraph ten (10) each time he
desires a change in the custodial schedule, the claims are patently false and have never been
proven during any custody process in which the parties have been engaged. Not surprisingly,
Father includes the false allegations, again, herein in a desperate effort to contrive some need for
an evaluation that is otherwise unnecessary and the need for which did not arise until Father
failed to obtain expert support for his proposed relocation from the first and only expert he had
heretofore identified as a potential witness, Michael Zug. Ironically, the strength of Mother's
current familial circumstances in which she exercises custody of her son are precisely why
Father believes he needs an expert opinion to support his proposed relocation as Father knows
that "old" allegations of instability Father has lodged against Mother cannot stand alone to
permit the relocation he has proposed.
11. Admitted. By way of further answer, the evaluation update in 2004 was
necessary because the issues raised in Father's Petition at the time implicated the need for
counseling with the parties' son and other therapeutic involvement to redress the issues Father
had raised. None of the issues requiring the need for a Custody Evaluation update in 2004
when the parties agreed are at issue in the current relocation dispute. Accordingly, Father's
reference to such evaluation convened by the parties' agreement more than four (4) years ago has
no relevance to the instant request for the performance of an "updated" evaluation.
12. Denied. Dr. Wallin's recommendations speak for themselves and any attempt by
Father to interpret or mischaracterize such recommendations is specifically denied.
13. Admitted.
14. Admitted. By way of further answer, Father has consistently alleged that the
child's anxiety requires adjustments to the custody schedule to establish stability, although
apparently relocation of the child to California and away from his family will not pose any
anxiety issues for the child.
15. Admitted. The update was necessary because the evaluation completed by Dr.
Wallin in 2004 contemplated updating the evaluation if Father said the child's anxiety did not
improve. Knowing such an update would be performed if he requested it, the update was
performed by Dr. Wallin to redress the anxiety issue Father continued to complain about. None
of the issues requiring the need for the update in 2006 are at issue in the current relocation
dispute. Accordingly, Father's reference to such update more than two (2) years ago has no
relevance to the instant request for the performance of an "updated" evaluation.
16. Denied. The averments of paragraph sixteen (16) as to alleged findings and
admissions are specifically denied. The recommendations of Dr. Wallin speak for themselves
and any attempt by Father to interpret or mischaracterize such recommendations is specifically
denied.
17. Admitted that the parties reached an agreement. The Stipulation of the parties and
the Order speaks for itself.
18. Denied. It is specifically denied that Father sought additional therapy for the
child because of ongoing issues in Mother's home. To the contrary, it is believed and therefore
averred that Father sought therapy for the child in order to attempt to bolster his relocation case
and to denigrate Mother's home environment in an ongoing and sustained effort by Father to
reduced Mother's custodial time. Father was well aware he wanted to relocate and is believed to
have initiated counseling in an effort to bolster his claims that the child was not doing well with
Mother and therefore lessen the impact of the drastic reduction in Mother's custodial time that
Father now requests in attempting to relocate to California with the minor child. Father's
attempts at securing expert testimony in support of his relocation failed, however, when Father
received a letter he requested from the child's counselor, Michael Zug, after filing the Petition to
Relocate and the letter did not support relocation nor did the letter demean Mother's home
environment as Father had hoped. A true and correct copy of the report of Michael Zug is
attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full.
Thereafter, Father filed the instant request for an "updated" Custody Evaluation in hopes that he
could garner expert support for his requested relocation from Dr. Wallin since his attempts to
gain such support failed with Mr. Zug. Father's counsel initially requested the Custody
Evaluation "update" the afternoon before the day the trial of this relocation was originally
scheduled, but for counsel's need for a continuance due to a scheduling conflict.
19. Denied. It is specifically denied that Mother objected to counseling for the child.
To the contrary, Mother was in favor of such counseling if it was intended to benefit the child
and was not being contrived by Father for some ulterior motive and was otherwise necessary and
if the parties agreed to the counselor. Specifically, Mother voiced objection to any counseling
with Dr. Wallin as Mother believed that Dr. Wallin had formed opinions of Mother unjustifiably
resulting from the past evaluations which would inhibit her ability to impartially counsel the
child and would otherwise call into question the integrity of Father's desire to initiate such
counseling. Mother voiced her objection to counseling with Dr. Wallin to Father and the child
began counseling with Michael Zug with Father's agreement.
20. Denied. The averments of paragraph twenty (20) are specifically denied. Mother
first learned of Father's proposed relocation from the child in the latter part of 2007. Father had
already discussed relocating to California with the child before he mentioned it to Mother. This
fact was confirmed at a parent-teacher conference in 2007 during which the teacher informed
Mother and Father that Lake had mentioned that he would be moving to California. Moreover,
Father had mentioned to Mother in 2007 that he was negotiating a new job and that the job
would allow him to work from the Philadelphia office of the company with which Father intends
to be employed in California. Further evidencing the haphazardness with which Father has
approached the proposed relocation, Father had also mentioned to Mother that he may be
relocating to New Mexico, in addition to Philadelphia and now California. Father never kept
Mother informed of the possibility he may request to relocate, instead accepting the position
without first dealing with custody issues and discussing the relocation with the child before ever
seeking this Honorable Court's approval of the relocation or discussing the issue with Mother.
21. Admitted. By way of further answer, Father appeared at the Custody Conciliation
of this matter before Hubert Gilroy, Esquire on March 20, 2008 and never requested a Custody
Evaluation. Father's Petition filed before this Honorable Court requests no such evaluation. To
the contrary, Father was specifically asked at the time of the Conciliation if he would be
presenting any expert testimony in support of his Petition. Father advised that he would be
calling Michael Zug, the child's counselor, to testify in support of his Petition. Dr. Wallin nor
any Custody Evaluator was ever mentioned nor requested by Father. Because of Father's request
for an expedited hearing on the matter, Father was directed to provide an expert report from Mr.
Zug to the undersigned on or before March 26, 2008. A letter authored by Mr. Zug was provided
to the undersigned via facsimile on March 26, 2008, a true and correct copy of which is attached
hereto as Exhibit "A". The letter did not support or even address Father's relocation, nor did the
letter offer any criticism of Mother's home or discuss any anxiety of the child related to Mother's
home whatsoever as it is believed Father had hoped.
22. Denied. It is specifically denied that Fathers request for an "updated" evaluation
has anything to do with any alleged concerns Father has concerning Mother's home. Father's
request for an updated Custody Evaluation is contrived for the sole and exclusive purpose of
attempting to garner expert support for his proposed relocation, not to redress any alleged
concerns about Mother's household. Father's Petition to Modify Custody filed on February 6,
2008 specifically avers: "Father believes that it is in the best interests of the child to modify the
current Custody Order due to Father's relocation." (See Petition, 18). There is no allegation in
the Petition of any alleged concerns regarding Mother's household, or is there any request for an
evaluation included in the averments of Father's Petition, just as there was no request for such an
evaluation at the Custody Conciliation held on March 20, 2008. The averments of the foregoing
responses are incorporated herein by reference as if set forth in full detailing the chronology of
Father's request for an updated evaluation.
23. Denied. The responsive averments of paragraph twenty-two (22) are incorporated
herein by reference as if set forth in full in denial of the averments of paragraph twenty-three
(23).
24. Denied as stated. The agreements reached between the parties concerning
custody in the past, as well as the past evaluations conducted in the case, have no relevance to
the current issues before this Honorable Court. Never before has the issue of a cross-country
relocation by Father been proposed or discussed as part of the custody negotiations in this case.
Moreover, the averments of paragraph twenty-four (24) evidence precisely why Father's
eleventh hour request for an updated Custody Evaluation should be denied. Father believes he
can garner expert support for his relocation from Dr. Wallin because he failed to gain such
support from Mr. Zug, the psychotherapist from whom Father first sought to obtain support for
his proposed relocation.
25. Denied. The responsive averments of the foregoing paragraphs are incorporated
herein by reference in denial of the averments of paragraph twenty-five (25). By way of further
answer, it is clear that Father's belief that "an updated Custody Evaluation is necessary to assist
the Court in its ultimate determination regarding Father's Petition to Relocate" did not arise until
after Father received the letter authored by Michael Zug on March 25, 2008 and the letter did not
substantiate nor address Father's alleged concerns regarding anxiety of the child allegedly caused
by Mother's home. Father's Petition to Modify Custody contains no request for an updated
Custody Evaluation and Father never requested the performance of any such update at the time
of the Custody Conciliation. It was only after Mr. Zug's letter was provided to Father and he
believed that he needed more support than he could then offer with regard to his proposed
relocation that Father "believed" that an updated Custody Evaluation was necessary.
26. Denied. It is specifically denied that Dr. Wallin has been agreed to by the parties.
Dr. Wallin has not been involved with the parties in more than two (2) years. In response to
Father's request to commence counseling with the subject minor child in November, 2007,
Mother specifically objected to Dr. Wallin, thus resulting in the use of Mr. Zug as a counselor for
the child. Father consented to relying upon Mr. Zug to counsel the child and sought Mr. Zug's
opinion as to any alleged anxiety of the child in connection with this case. Mr. Zug authored a
letter in response to Father's request on March 25, 2008. When the letter did not support
Father's claims of anxiety of the child connected to Mother's home, Father suddenly "believed"
an updated Custody Evaluation was necessary. Prior to Father's counsel's request for a
continuance, Father was prepared to proceed to trial on his Petition without the need for any
Custody Evaluation of any kind.
27. Denied. It is specifically denied that the costs of Dr. Wallin's involvement would
be minimal or that any such costs have any relevance to Father's request for an updated Custody
Evaluation. By way of further answer, any suggestion that Mother should contribute to any costs
of any requested update is absurd, the performance of any such evaluation being objected to by
Mother for the reasons stated herein and the request for same being necessitated solely by
Father's request to relocate.
28. Denied. It is specifically denied that time is of the essence in this matter. To the
contrary, any urgency with respect to time has been self imposed by the hastiness and
haphazardness with which Father's request to relocate has been presented before this Honorable
Court. Father was prepared to take this matter to hearing on April 2, 2008 as he requested before
his current counsel entered the case. It was not until Michael Zug issued his report and it was
provided o the undersigned that Father's request for an updated Custody Evaluation was
requested was communicated by his counsel.
29. Admitted. Mother objects to the performance of an updated Custody Evaluation
for the reasons set forth herein.
30. Denied. The averments of paragraph thirty (30) are conclusions of law to which
no responsive pleading is required and strict proof thereof is demanded. By way of further
answer, Father's request for the performance of any updated Custody Evaluation should be
denied for the reasons stated full above, such responsive averments being incorporated herein by
reference as if set forth in full. In addition, any request that Mother contribute equally to the
costs of any requested valuation should be denied as it is Father's ill-conceived request to
relocate that has necessitated Father's eleventh hour request for an updated Custody Evaluation
and Mother should bear no cost or expense for the completion of such an update, the need or
merits of the request for any such update remaining specifically denied.
Respectfully submitted,
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
Dated: April 29, 2008
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorney for Defendant, Jennifer M. Schaeffer
Attorney I.D. 982629
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Mitt Address:
P0, Box 8700
Haataburp, PA 17105-6700
Loullm
Brady MOMW Arta 04, 8th Floor
206 UA Fmfl16M
ftftA,PA 17104-1896
717 231-8380
717231-8348 fax
RE: Lake Tyson
DOB: 03/26/97
SSN: 000-97-2603
March 25, 2008
Treatment Summary
To Whom It May Concerti:
d?
PI N NACLEHEALTH
Behavioral
Services
Lake Tyson was first seen in my office on October 4, 2005 for an intake appointment. At that time he was
reported to he exhibiting symptoms of anxiety. He was easily frustrated, vigilant, withdrawn, and had
difficulty expressing emotion. He was noted to frequently be scratching his eczema when nervous or
worried. He was observed to have difficulty with focus of concentration.
Lake was seen on three other occasions during which we focussed on expression of emotion, relaxation
strategies. His symptoms were reported to have lessoned over the course of these sessions. Upon finding
that Ms. Shaeffer had not consented to treatment Mr. 'T'yson was informed that we would have to
discontinue therapy.
In November ol` 2007 art appointment was scheduled with the consent of both parents to again see Lake.
The reason for the appointment was increased anxiety, difficulty socializing, and a tendency to isolate
himself. He continues to have difficulty with expression of emotion. He displays a need to be Highly
organized. He likes to control and micromanagc, very detail oriented. In school according to Mr. Tyson he
is getting assistance in a few of his classes and emotional support. His teacher has shared with Mr. Tyson
that Lake is very attention seeking.
Lake has been seen on two occasions since the initial intake. On both occasions he is reported to have
increased anxiety. Making lists devising plans and organizing. He was having difficulty focusing on
homework. We focused on a relaxation strategy that he was instructed to practice daily, limiting his
organizational behavior and incorporating play time into his day. He was also to maintain a journal to
assist in expression of emotion, to record both positive and negative issues and the accompanying feelings.
On ano r occasion he was noted to have gone to the school nurse who reported to Mr. Tyson that he was
pale, 1'4?onri and cxpriencing racing heart beat. At home was scratching his eez ma and rocking back and
forth. c1,01o use tbAurnerrg) relaxation, and therapy to attempt to resolve Lakes anxiety.
Michael Zug M.S., LPC
Psychotherapist
CERTIFICATE OF SERVICE
I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and
correct copy of Defendant's Answer in Opposition to Plaintiff's Petition for Updated Custody
Evaluation upon the following below-named individual(s) by depositing a copy of same in the
United States mail, postage prepaid, at Hershey, Pennsylvania, this 29th day of April, 2008
addressed to:
Catherine A. Boyle, Esquire
Meyers, Desfor, Saltzgiver, & Boyle
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
JAMES, SMITH, DIET K & CONNELLY, LLP
By:
JARAD W. HANDELMAN, ESQUIRE
Attorney I.D. #82629
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
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EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 02-1475 CIVIL
JENNIFER M. SCHAEFFER,
Defendant CUSTODYNISITATION
IN RE: PETITION FOR UPDATED CUSTODY EVALUATION
ORDER
AND NOW, this ?G day of May, 2008, following a conference call with counsel,
Stanley Schneider, Ed.D., is appointed to conduct a custody evaluation in this relocation case.
The cost of said evaluation shall be borne by the plaintiff, Edward E. Tyson.
BY THE COURT,
i . Hess, J.
? Catherine A. Boyle, Esquire
For the Plaintiff
? Jarad Handelman, Esquire
For the Defendant
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EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 02-1475 CIVIL
JENNIFER M. SCHAEFFER,
Defendant CUSTODYNISITATION
ORDER
AND NOW, this 2 7 day of June, 2008, at the request of counsel for the parties,
hearing in the above-captioned action is continued generally.
BY THE COURT,
/Catherine A. Boyle, Esquire
For the Plaintiff
?/Jarad Handelman, Esquire
For the Defendant
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EDWARD E. TYSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 02-1475
JENNIFER M. SCHAEFFER, CIVIL ACTION -LAW
Defendant IN CUSTODYNISITATION
ORDER OF COURT
AND NOW, this z r day of 2008 the Custody
Stipulation signed by the parties to this action, a copy of which is attached hereto, is hereby
incorporated by reference and all terms and conditions are hereby given full force and effect as
an Order of Court.
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
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