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HomeMy WebLinkAbout94-07223 ", , , ': , . ., ,I " -,, I' " , ., i, ';, '," :", ,1 II I' , . " I" " v c '- " , " <J !'-, , " -::P '" " " 'i:; ( ,~ lV .;J' t'l' >-.. { 3 €. , -:'It \1 ." 'II' " !'.'I"i , i-I " . , , " , , " " , I';, '\ 11)1"" I, ., I,', ,,'!l;" ., " " I , , '-j.' " ..,if '1 , r, , " I" '1',/ " j',' ., "-, "'\;','. '1' I ;"-! .,',,1 " , .' , , 'i" !' I' "', '" 'i 'I ; ,,, " I.. " '-'. \' 'd'll; , , ']-',' , , ,:j - : j : - ~ , . ,If ., "il _,I , t, :1 ,I , Iii " f" ~ 1 t "" ~ " '. I , " "/;, -," " , 1'-, ,'I_I' , ., " " " , \'1. " ; ! ' ',~ ., '_.tc " J " ;:'1 i.i!," '. , ' ',' ! '1'"",0] " 1'1 , Ll i-' 1,\ ' I,', ,'II, i'- - l'i, , ' , ., I;"" ''l " '" :1,,,, 'I , 'i' "It r-, ,!!,',.:l' 'I, '1< .1 ;J;,' " " ""It ';\ ., '. ", ,',I 1 !, " , I'll , ", ",',' " '_-~I I' r1 ,,'.. _I", ';, ; " " '1_. Fjl. I'r,' ,. " - I ~ ' d ' 'I' " 'I. , , '" d, ",' I. ''I", '.J' ,_, '", " ,\ ., "II " " .1 'I " I 'I' ii, i_ d' ; ,~. .. :;1 ',' " :' , , ,/ ,. 1_11 " <I " " , "~I ,>" 1 ~ , " , " '-I " '.. ., , "'\'.. ,\"" ,1. I' ,I ',' I, " ", ""',,"\, ,,,:',,\, I', ' -': I I, ; I, -!' -'- i,I;;__-: ,~:'. I' v., ,;;" _, ',",1, ',;,: """""""1'" !' ,e \ " ' , I~ ,_l_;,i__i:_~;-,\ ~,\: ':,:, ' :' ','!. ' I,';',' ",:,';1\,,:\""",:.:,,\:;, I, " '" , , " " ., .. " , " , ~,'j ) " , " \\'.-'{I' 'I --'j " , ':"1 '1"1 _ i_\\\lj1/ ~ 1 -1".- ,. , " '-1;--.-.1 " J",. '.i,' 'i I, I' ,. ',' 'iI' . '" " " I, "~I ,j,p! 1,1"" , ,,'1\, IJ .,1\1 ,I, . !i " I ';r' '" ,:) 1'1 I ,,~, ;"-1. i \_ '1 ,j , ~ ~ ~ , 'l~l i, ~; .. -'.1 It" , '" , , " , . ,; "=~ '-,I, ,'I, ~, , '11 ,I;ll. , I, " ~. i " ," f., ,'., ,"I r , ': L '/1- " " '. , , ",'j " , .'1 , t , I ,a '1.\1 'i) " ,I.', ;'1, ,'IiI ,~ ". \ii ." :1: '. ..~ JOSEPH p, MURPHY, SR., PLAINTIFF V. JACKYANN CUNE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-7223 CIVIL TERM ORD~f' OF COURt AND NOW, this 5th day of February, 1998, the hearing In the above-captloned oustody case now scheduled for Wednesday, March 25, 1998, at 8:45 a.m. shall begin at 9:30 a.m. on the same date, , , , Barbara Sumple-Sulllv8n, Esquire For Plaintiff ~~ ,.,........~u..v ;1./t,,/9r/ ..41f', Jacqueline M, Verney, Esquire For Defendant I, :saa " " , , I, I' " " II I , "I t10EC 11 1997 JOSEPH P. MURPHY, SR., Plaintiff V JAClCYANN CLINE, Defendant 'IN THE COURT OF COMMON PLEAS OF ,CUMBERLAND COUNTY, PENNSYLVANIA , 'CIVIL ACTION - LAW , 'NO: 94-7223 , IN CUSTODY COURT ORDER AND NOW, this I) day of December, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and dir.ected as follows: 1. A hearing is scheduled in ~~rt Room No~ 2 of the Cumberland Coun,ty Courthouse on the)5 day of 'j'!ccLcA " 199 j{ , at l' .IF; ",m. at wh,ich time testimony will be taken in the above case. At this hearing, the Father, Joseph P. Murphy, Sr., shall be the moving par.ty and shall proceed initially with testimony. Counsel for the pa~'t,ies shall flle with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, the witnesses each party will call to testify at the hearing and a sununary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Both parties shall have the option of obtaining an independent oustody evaluation at their own expense. The parties shall cooperate wi th the evaluation scheduled by the other' parent and ensure that the child and any other necessary significant others are involved in that evaluation. 3. Pending further Order of this Court, this Court's Order of November 5, 1997, shall remain in effect subject to the following modifications: A. For the Christmas holiday, Mother. shall have custody of the child from 5 :00 p.m. on December 19 until noon on December 25, except for two hours of time on Christmas Eve when the Father shall have custody of the minor child. Absent an agreement by the parties to the contrary, Father's two hours on Christmas Eve shall be from 3:00 p.m. until 5:00 p.m. Father shall have custody on Christmas Day at noon until December 30 at noon. Mother shall have custody from December 30 at noon until January 4 when she shalJ deliver the child to school. From that point forward, alternating weekends shall continue as per the existing Order. Additionally, on the Thursday preceding the weekend of Father's period of custody with the minor child, the Mother shall have custody from when she returns from work at 5:30 p.m. until Friday morning at the start of school. JOSEPH p, HURPHY, SR., Plaintitl ,IN '1'HB COUR'1' OF COHHON PLEAS or ,CUHBBRLAND COUN'1'Y, PENNSYLVANIA , 'CIVIL AC'1'ION - LAW , 'NO, 94-7223 'IN CUS'l'ODf ...., V JACKrANN CLINB, Defendant ~ Prior Judge, Bdgar B. Bayley CONCILIA'1'ION CONFJ:ImNCIC Sr>>K\Rl' JmPOR'l' IN ACCORDANCB WI'1'H '1'HB CUHBERLAND COUN'1'Y CIVIL RULE 01' PROCBDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following rOJport' 1. The pertinent information pertaining to the child who is the subject of this litigation is a. follows, Joseph P. Murphy, born January 13, 1991. 2. A Conciliation Conference was held on December 4, 1997, with the following individuals in attendance, The Father, Joseph P. Murphy, Sr., with his counsel, Barbara Sumple-Sullivan, Esquire; and the Mother, Jackyann Cline, with her counsel, Jacqueline M. Verney, Esquire. 3. The parties were before the Conciliator on a Petition '1'0 Hodify Custody filed by the Father. '1'here is an interim Order enterad by the Court. '1'he history of this case is such that the parties separated in 1995 and, after hearing, custody of the minor child was awarded to the Mother. The parties reconciled approximately one year later and remained reconciled until November of this year when the parties soparated. Father then filed a PFA action against the Mother and a Protection From Abuse Order was entered. Additionally, F~ther filed a Petition For Special Relief On Custody and the Court entered an ex parte order providing Father with Custody of the minor child under an Order that was similar to what was provided in 1995 except that Father had primary custody and the Mother had temporary custody. Father continues to reside in his residence where the parties have resided the past two years and the child resides primarily with the Father at that residence. 4. Both parties want to have a custody evaluation performed. '1'here was an evaluation performed in conjunction with the hearing in 1995 by Guidance Associates. Hother will employ Guidance Associates at her own expense to do an independent custody evaluation and Father will obtain another evaluator for purposes of doing an independent evaluation. Each party shall pay their own cost in the evaluation process. ~ Ill, Ij, ~( 1,1:' ,,:.NJ TH" I. A TIIUIl. _RICT_ ./~OV 0 lP~!J91 ClIIIClINAI. ~~. LAW O"ICII . , , . BARBARA SUMPL.E.6UL.L.IVAN . , .... ...'DalE IT"I." .... .- NEW CUMBERLAND, PENNSYLVANIA 17070.1031 PHONI ~ 71'7>> 17..'..... 'AX 17111"...70.. JOSEPH P. MURPHY, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY v, JACKY ANN CLINE, Defendant NO, 94-7223 ORDER AND NOW, this~ay of November, 1997, upon consideration of the EMERGENCY RELIEF AND MODIFICATION OF CUSTODY as filed by Plaintiff pending the Conciliation Conference scheduled for December 4, 1997 and until further Order of Court, it is hereby decreed and ordered primary physical custody of the parties' child is confinned in Plaintiff. ~~'l'f ~ shaly have rights of partial physical custody peRIlIR!! a hm,jRg as follows: 1, Alternating Weekends. Pelldi"! the eeCIl..CIICe uf d,e COllcaiatioh C6"fercl.C:c IGhe~ltded far O''''l;Jllber 4, 1 '~'7 aud IUAker erder, :Def8Rdant dUlll b1u. ,$temating weekends commencing Friday, November 7, 1997 after Mother returns home from work at approximately 5:30 P,M. until Monday at the start of Sellool. 2. Wednesdays. Every Wednesday after Mother returns home from work at 5:30 P.M, until Thursday at the start of school. 3. Transportation. The parties shall share transportation, The party relinquishing custody shall transport the child to the other parties' residence, I.j, All r'" oIL ~-fc,c(,/ ofULcl'ls :JIZL u~c!;r*cl f.~hfi~f;j;-f~J~-~~ , TRUE COpy FROM RECORD In TestImony whllf8Ol, I here unlO lit ~ hind and the seal of said Coon at Carlltle. PI. rt'z~; r~, ~7?.x~ ~r:~~'~ Protl1onotllrv .... .. .......~_. .... . .N..... ..".... ... ,.. " I, JOSEPH P. MURPHY, SR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. CUSTODY JACKY ANN CLINE, Defendant NO, 94-7223 ," ,,., ..j , ~'} 'I .~ I > , 'I EMERGENCY PETITION FOR RELIEF AND MODIFICATI'>N OF'CuSTO~Y . .1. ,.;,. . 1 , ~, ~ I - tI. n ' AND NOW, thlsL day of (lo'(OItn~ 1997, comes Joseph P. Murp~y, S~" Plaintiff In the above-captioned action, by and through his attorney, Barbara Sumple-Sulllvan, Esquire, states as follows: 1. The Plaintiff is Joseph P. Murphy, Sr, (hereinafter referred to as "Father"), who currently resides at 1809 St. Clair Road, New Cumberland, Cumberland County, PelUlSylvanla, 17070. 2. The Defendant Is Jackyann Cline (hereinafter referred to as "Mother"), who currently resides at 115 North 31st Street, Camp Hill, Cumberland COl\nty, PelUlSylvania, 17011, , 3, The parties are the parents of a minor child, Joseph Patrl~k Murphy, born January 13, 1991. . ......-.--.. .". . I. I. 9. During the parties' cohabitation, Father, due to a worker's compensation disability, has not worked since September 6, 1996. Father has been the primary caregiver of the child since he has been a "stay-at-home dad", Father Is responsible for pre- and post-school care of the child, helping with his homework, cooking meals, getting the chUd ready for school, bed and all other responsibilities associated with a primary caretaker, 10, Mother works for AMP on Eisenhower Boulevard In Harrisburg and leaves the home at approximately 8 a,m, and returns to New Cumberland at approximately 5:30 p.m. 11. The parties' relationship began to deteriorate In the Fall of 1997, and it was expected that Mother was going to vacate the home, In order to maintain the status quo of Father as the primary caretaker, Father filed a petition to Modify Custody on September 30, 1997. A conciliation conference is scheduled for December 4, 1997 before Hilbert X. GUroy, Esquire, A copy of said Petition is marked as Exhibit "B", attached hereto and Incorporated by reference herein. 12, Recently, Mother's behavior has deteriorated further, becoming very erratic, unpredictable, harassing, abusive and threatening. Because of the deterioration of Mother's behavior and the increasingly threatening and violent nature of Mother's actions and its negative Impact on the household, Father filed a Petition for Protection from Abuse, A Temporary Order was entered on October 29, 1997 wherein inlu W majority physical custody of the parties' .....--...-.. " '1 15. Testimony was undisputed It the November 3, 1997 hearing thlt Father voluntarily perfonned all the tasks associated with a primary caregiver. It was undisputed that the c~ild has established himself in Father's residence and neighborhood with ,a network of friends and after-school activities, 'I I 16. Father avers that to allow the removal of this child at this time, not only will disrupt what has oeen his home and social network for over 1 1/2 years but Is not in the best interests of this child, The application of the old Order does not maintain status quo but disrupts same, 17. Mother has also threatened Father on several occasions of her intentions to remove the parties' child from this Court's jurisdiction to other locations in Central PeMSylvania and/or out of stale. Father is concerned that Mother will follow through on this threat.' WlmREFORE, Father requests that he be granted primary physical custody of the parties' child pending further hearing. Mother shall have rights of partial physical custody which Father had pursuant to the August 23, 1995 Order as follows: 1. Alternating Weekends, Pending the occurrence of the Conciliation Conference scheduled for December 4, 1997 and further order, Defendant shall have alternating weekends commencing Friday, November 7, 1997 afler Mother returns home from work at approximately 5:30 P,M, until Monday at the start of school. I, " , " , " " , , 'I'. , , , , I, " " , II , , , , I , , , , , I " I' ,d ,I " " " " , ',\ , , " " ,I" , ",' , , I'" , i' " , , " I, , I', , \ ;J , ',' I " , " " H]. , " " " " I" '// ,i' ., , " ". I ," , " " ,'I, ,<I " , I I , I, I' 'I , I I , I,j '1 ,I I ,1 :it " , i," i , " 1 'I " , 'I I , " d , , 'I " '1,;/' , , ,'I " " I, , , I ,', " , , , ,I , " I , , " " " i ,,, I (, 'I. I " , ;' , I " " " 'I I', , '" 'i'l ,I , q ,,1 " , , " " " , . I 1 , , , , . , I i! . " " ,,', I , , , " , , .,1'1 . , " EXHIBIT "A" ~ -', , JOSEPH p, MURPHY, SR" Plaint1 ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. JACKYANN CLINE, Defendant NO. 94-7223 CIVIL TERM ORDER OF COURT AND NOH, this :2~ay of August, 1995, following a hearing on the merits, IT'IS ORDERED: 1, The mother, Jackyann Cline, and the father, Joseph p, Murphy, Sr., shall have shared legal custody of their son, Joseph p, Murphy, Jr" born January 13, 1991, 2, The mother shall have primary physical custody of Joseph, 3, The father shall have temporary physicol custody of Joseph on the following schedule: Q, On alternate weekends from Friday after school until Monday at the start of school, b, Every Wednesday after school until Thursday at the start of school, c. From 3:00 p,m, December 26th until 6:00 p,m, on January 1st, d, For three separated two uninterrupted weeks each summer, Those three periods shall be set by the parents before the beginning of each summer, e. At such times as th~~rti By t)le court', I ,0 .. ...-.---.-. .........aa', ., " EXHIBIT "B" ,.""-,, " , EXHIBIT "A" "".. , ',1 - H I JOSEPH P. MURPHY. SR.. Pla1nt1 ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. JACKYANN CLINE, Defendant NO, 94-7223 CIVIL TERM pRDFR OF COURT AND NOW. this ~1.4Qay of August. 1995, following a hearing on the merits. IT'IS ORDERED: 1, The mother, Jackyann Cline. and the father. Joseph p, MurphY, Sr., sholl hove shored legal custodY of their son, Joseph p, MurphY. Jr., born January 13. 1991, 2, The mother sholl have primary physical custody of Joseph. 3. The father sholl have temporary physical custodY of Joseph on the following schedule: o. On alternate weekends from Friday after school until Monday at the start of school. b, Every Wednesday after school until Thursday at the start of school. c, From 3:00 p.m, December 26th until 6:00 p.m. on January 1st, d, For three separated two uninterrupted weeks each summer, Those three periods sholl be set by the parents before the beginning of each summer. e. At such times as the~r7.1 By t)le Cou(t, I may agree, " .....-,.. (~, ,r-- I Michael L. Bangs I Esquire I For Plaintiff Charles Rector, Esquire i For Defendant , " : prs , " " , ,t "I ,I lIt "t, , , '!,j .,' J' ) , , "II, II , , , 'I , I, " , " , , . I I , , " , ,,' , 'I " , ," I' ~ , , , " I, ,'J ,',i , " ,I , " 1" " " " , I,. " i " I, 'I " ., " , )i , , " )1 " \'i " , , , ,'I. " " 11 " '1 i1 , I , , ., II I, , , , ,'.' , , , , , , . , ., " Ijl " " ;" , , " , , " " , , 'I ,'I " I, " " ..,.1. " " . ,. '(- . JOSEPH P. MlJRPHY, SR., 'lalntlff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY v. JACKY ANN CLINE, Defendant NO, 94-7223 CERTIFICATE OF SERVlC~ . I, BARBARA SUMPLE.SULLIV AN, ESQUIRE, do hereby certify that on lhLs date, I served a true and correct copy of lhe PETITION TO MODIFY CUSTODY. in lhe above. captioned mailer upon the following individual(s). by United Stale5 first-class mail, postage prepaid. addressed as follows: Charles Rector. Esquire 1104 Femwood Avenue, Suite 203 Camp Hill. PA 17011 DATE: ~/2d~) Barbara Sumple- ullivan. Esquire 549 Bridge Street Ntw Cumberland, PA 17070-.1931 (717) 774-1445 Supreme Court I,D. 32317 Allorney for Plaintiff r I I, .-....~, .,..~ I I , " ,I' " " , I " , I I 'I , "I I , , III I, <I, , 1;1 , , , 'I I " 'L , " , jl>J i , " " , . " I, " i' , " , " <I 1;1, , " I " , I " ,i '" " 't'_1 ',' I I I I, I, , , "tI' " " . " T'"i , " " I', I " " '1 " , , iI)" " ,,, , " ,I " I, .'1' ',1,' , " , , ,. I, I illl .," I, I' i' , " , , n I, I , " '. ; I I, I " , , " , . i" , , I .,-', 'I . , " , , i..I', " , " i ,', I, , I " , I " , I, ,', <I , , " " , " " " , , , I. ',I " , , I , , , " , I' I , , , I . " EXHIBIT "e" . .. ..~.. . M.......~_..-_....-...-. ' ,.-,.-.j .'-'" ~ "' ~ .....' ... JOSEPH p, MURPHY, Plaintiff V. JACKY ANN CLINE. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA No, 91- S9t:JJ ~ ~.,. . I ,-)- ,I'-,'! -(i)1~ PROTECTION FROM ABUSE lEMP~~Y ORDER UNDER SECTION 10185 OF PROTECTION FROM ABUSE ACT AND NOW, this ~ day of (~~ ,19 n, this Court having found that good cause exists to enter an Order pursuant to Section 10185 of the protection from Abuse Act; It Is hereby ORDERED and DECREED that Defendant, JackyAnn Cline. Is restrained from physically striking, harassing, threatening or contacting Plaintiff, Joseph p, Murphy, and visiting, entering or attempting to enter the Plaintiff's present address or any subsequent residence of the Plaintiff. Pending the conciliation conference scheduled for December 4, 1997,' Plaintiff shall retain majority physical custody of the parties' child, Joseph P. Murphy. Defendant shall have partial physical custody as can be mutually agreed. This Order shall remain In effect until the hearing In the above-captioned matter, The Sheriff is directed to serve a copy of this Order and the accompanying Petition on the Defendant without prepayment of costs, Law enforcement officers, the staff of the county office maintaining the Registry of r. Protection Orders and court personnel shall not disclose to Defendant, Defendant's counselor .-. . ,'..__...... ..f........;.. . .. -' j- .' ,,~', , I , ~, J I I ' I d. ,- i I '" I 'I' any third PIl1>' the confldentlalldd..... of any domeatlc violence pm~ Involved In thJa cue or any contldentlallddreu of Plaintiff. . ) : t I, . ,! Upon presentation of a copy of this Order. the New Cumberland Police Department shall enfon:e this Order and shall arrest the Defendant If she falls to comply with the Order. A hearing Is scheduled on the ~,IIc( day of ~~. 19iJ atIH.1J1ll.M. In Courtroom No, ..L . BY THE COURT " I' " , H/ ~t'.~ fJ. J. " TRUE COpy FROM RECORD . In T astlmony wllereof. I here unto III fWf hind elll the seal. of said ~~r1Ille. ~ .f~ :;~~*'~.ii;" JJ .Prottlo ',,' ,I. . I 'I if' , " JOSEPH P. MURPHY, Plaintiff , V. JACKY ANN CLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA No. 9'1- S9'1b ~~~ PROTECTION FROM ABUSE PE1'ITJQ~ fQ' PROTECTION FROM ABU~~ AND' NOW, the Plaintiff, JOSEPH p, MURPHY, by hb attorney, Barbara SClmple~ Sullivan, Esquire, pursuant to the provisions of the Protection from Abuse Act, 35 P.S. Section 10181 ~ Wlo.. rapectfully represents as follows: 1. Plaintiff is Joseph P. Murphy, an adult individual who realdea at 1809 St. Clair Road, New Cumberland, Cumberland County. Plaintiff and his son, Joaeph P. Murphy, who was born on January 13, 1991 realde at this residence. 2. Defendant is Jackyann Cline, an adult individual currently occupying 1809 St. Clair Road. New Cumberland, Cumberland County, Pel1ll5ylvanla with the Plaintiff. Defendant has filed a child support Complaint against Plaintiff on September 29, 1997 and averred a residence of 115 North 31st Street, Camp Hill, Pennsylvania, 17011. 3. The partiea to this action were intimate partners who had rea,lded together at 1809 5t: Clair Road. New Cumberland, Cumberland County, Pennsylvania, since May 18. 1996. " I, " 4. TIle prembes where the Plaintiff and the Defendant ~Ide consl.ets of . sinale family home which Is owned individually by Plaintiff. , I ,,( 5. During the course of the parties' relationship, Defendant has attempted to cause and has intentionally, knowingly, and reckle~ly caused bodily and mental injury to the Plaintiff by placing Plaintiff In fear of imminent bodily Injury. 6, Shortly after Defendant returned to Plaintiff's home In May 1996, It became apparent that their relationship and living arrangements would not work, Plaintiff has sousht an amicable "decoupllng" of the parties for the sake of their minor son. The tension In !!te household has slowly Increased due to the actions of Defendant. 7. 'Defendant's behavior has become increasingly belligerent, p~slcal, confrontational and has deteriorated to a point that serious harm may come to Plaintiff. 8, Defendant's Intentional, knowingly and reckless actions which have caused bodily and mental Injury to Plaintiff are as follows: a) On September 28, 1997, Defendant became enraged at Plaintiff cursing, yelling and screaming at Plaintiff about a loan she co-signed for Plaintiff's daushter. Defendant continued her verbal wault by making slanderous and Inflammatory accusations, Her Intent was clearly to attempt to . provoke Plaintiff Into losing his control. Instead, Plaintiff caUed his brother who was able to get Defendant to leave the premises, 2 " , " . '. ' a '. 11. Defendant hu other living arrangements available to her. Plaintiff believes that she Is remaining at his home to further incite the situation and provoke Plaintiff so as to gain an strategical advantage in pending IItigl1l1on, 12. On September 30, 1997 Plaintiff filed a Petition to Modify Custody ORier to preserve the child's status quo once Defendant Indicated her desire to relocate. A conciliation conference is scheduled for December 4, 1997 to docket number No. 7223. 1994 filed In the Court of Common Pleas of Cumberland County, Penn.sylvania. 13, Plaintiff believed that service of the instant Petition and Order of the Court cannot be perfonned safely by anyone other than a law enforcement officer. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to the Protection from Abuse Act providing relief, including but not limited to : A, Directing Defendant to refrain from abusing the Plaintiff; B, Prohibiting the Defendant from any contact with the Plaintiff including, telephone calls to his home, except for the purposes of contacting her son; C. Prohibiting the Defendant from harassing the Plaintiff and his children; D, Plaintiff shall have exclusive possession of his home. Defendant Is to complete her relocation to the Camp Hill address provided to the Court in her September 28, 1997 child support claim; 4 'f " '<' " ,,, , " ,'I "If' ,'J .: " 'i " , , , " , ,I " :.( , " ,', ,..1. " ,1.1 "I , " 1 'I.,' , , , , " I, :' I ,. , i' ;11 t,... '!i'.'L I,~ , I I 11,1, ill , , 'IIL " , , .. ',', , ,'1 " " ,'4;"1\ 1"1 't, I, ! " " " "I" , " ,Ii, I , " ',' , , ,j' ,,'1 , I " J. [' " , ! " r' , " " , .. 'J' " ''1' " \ , ,i\ ';1 ',' f. ,! , " " 'I ',1 \:, ," "'1 I,' 'i' ,'1, I " , I' tJMAR 1 8 1998 .' I, ii' ., ,I ,i, ,', ,', , 'i " I,' ;J , " I , , " " I , I'., , , : '" " ,/ " , I " /, " 'I " " '1", ,'! :1, i,l-' ,t' ,,'\ , 1-, " " , " .. " " I, I r' ,I " " :i' ,', , ,,1, 1 "j ;; il .' I' .J ,. , ,I., " ~ \ " " " " 1-; " 'I "" ,'I v. Ur-IUfjUAI. l,.~GAL OR EVIDENTIARY MATTERS Dated: M//I'.J'. . ~4'i ~iV '~\. /' ", / ~rbBra Sumple-Sullivan. Esquire 549 Bridge Street New Cumberland. PA 17070 (717) 774-1445 Supreme Court No. 32317 Attorney for Plaintiff . " " I " , " " , , I 'I ., " , '" , , , , ., ," " " Ii \ , , , , " , . ., " " . i , , 1'1 " I-I , JOSEPH p, MURPHY, SR.. Plaintiff V. JACKYANN CLINE. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 94-7223 CIVIL TERM ORllfR-.OLCJllJ R.T AND NOW, this :2'1,,;4tay of August, 1995. following 0 hearing on the merits. IT IS ORDERED: 1. The mother, .Jackyann Cline, and the father, Joseph p, Murphy, Sr" sholl hove shored legal custodY of their son, Joseph p, Murphy, J r ,. born January 13, 1991. 2, The mo ther sholl hove pr imary phys ical cus tody of Joseph, 3, The father shall hove temporary physical custody of Joseph on the following schedule: 0, On alternate weekends from Friday after school until Monday at the start of school, b, Every Wednesday after school until Thursday at the start of school, c, From 3:00 p.m, December 26th until 6:00 p,m. I)n January 1st, d. For three separated two uninterrupted weeks , each summer, Those three periods sholl be set by the parents before the beginning of each summer, e, At such times os the ~6rti~ may agree. / / By the Court, . I " Michael l, Bonos, Esquire For Plaintl tf Charles Rector, Esquire For Defendant r.!",~ 1""D...Sl..ul'/I:M, ~.:il~.(U5. prs " , .. I, " " , -.< '/, ~ ,~ " "c"'" I .~.,,) '" , , t<'oJ ., ~ I " rE" , ", . ., , " R:i. ,)...'- ,i " '. " ", " " , . 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" ,1", " .,j..,...."I.. ,'"..;- F"- OCFICE F1_L ..u:,~ :'i'" 'OTNW li1,~ !'l,' II, I, or- 91 OCT I:] 'U'\':' ,; ~'; 1.;O,JN11' C "'1'ii,~;k~<'y'tllr:t'M " J . 1;;.J'~1 '1'" _, \ I FI'i f..11.~ , ,1()'/~,9) &..'/~A~-$~~.~ I/)'/~ .9') ?b-~e~~ at ~'~~~'. . , /()'I.3 ,9) ~....~~ 'W'.~~~ " , ' " " 1'1 1'-1 ., , ", " , '. , , " I I. .'! ,I !, , " , . !, " '"~ " ., ,,, , , , , , , I Ii) , i 1 , jf , I , " I , , , , , ., " " ,/ I 'I ii' '1 , , 'J' t d' , , I , ,., " . , , " .' " II, t', ,'j' "", , , ., " " . . " I',' " 1/1 , :' I' .,1:/ , , " , , I,; , If, , ., i " , ;,1 " , '1'1 d ,\ '1 , " , "j " , , , ,/ "; I,o( I ''''1 J, , " , \ I" , "1\1 I, " I" 'I'll " 'J " , ',.J I " , "I !~ I " I " " , , I 'I' . ,( , , , 'I I' , ) li_ ;;'1' , }, " / , , i " "j :']1 , , , , , , " 'I " ,I I,;, oil ,') " " , , , " , " " , " ,', ",' , '_'1.,1 , , I '" '{ " , ' " rl OCT 0 , 1997 , ,I , 'I , , , :,1;1 1 { I If ,,'1 " " , " " ~,- !, "I " }' "I I " ,,' " " , ',',I. "I' . " ,( , , " ;! ".'i! " ,I " 'I 'I H 'j.t " , , , , " , ,. ,,' , " .'1 II ;{I, ;, il '" '" " '1", " ". j' " "o' . "\ , , ",i! "! 'fl,) , t,',' " , 1/ '1 , ,I ", } 'Iii ,'-I II' 1,,1 ,. / ....f , " , 'I " "1)-'1 , " , , e, , . " 'I II', I,:" I", ,I " I i '" . I, ,'.P ',"1 " ,.. . ;"1,) -'I \, " " ':'1' " ,It, 'I,I 'l" I' " .J' "f' , I',l " " , i ,I , " ... '. " I " " I " ,d, ,:i;'1 , )If, " " ';~ " " ." ,L, " , ,I v. t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY JOSEPH P. MURPHY, SR., Plaintiff JACKY ANN CLINE, Defendant . NO, 94-7223 DIRECTIVE AND NOW. this _ day of , 1997, upon consideration of the aUached PETITION FOR MODIFICATION. it is hereby directed that all parties and their counsel shall appear before the conciliator, , Esquire, at . on the day of , 199_ at .M, for a pre-hearing custody conference. . , t, , , BY THE COURT, J. , ., , I " , " , , , , " " " , 5. During the plllt five yean the child has resided with the following penons at the following addresses: DATp 1992 - 12/18/94 ADDRESSES NAMRllOF~ IN HOUSEHOLD E. Cooper St. Mother, Father Mechanicsburg Katrina (half-sister, '" for some time periods) l' 143 N. 21st Street Mother. Father Camp Hili Katnna (half-sister) Erford Road Mother, Katrina Camp Hili (half-sister) 1809 St. Clair Road Mother: Father New Cumberland Katrina (half-sister, for some time periods) Birth . 1992 12/94 to 5/96 5/96 to present 6. The father of the child is Joseph p, Murphy. Sr., currently residing at 1809 SI. Clair Road, New Cumberland, Cumberland County. Pennsylvania. Father is single, 7. The mother of the child is Jackyann Cline, currently residing at 180951. Clair Road, New Cumberland. Cumberland County. Pennsylvdnia. Mother is single, 8. The relationship of the Plaintiff to that of the children is that of father. The Plaintiff currently resides with the following persons: 2 13. Plaintiff 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. 14. The best Interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff can provide a stable. loving environment for his child in his home which is close to the child's school and social activities. Plaintiff seeks to spend time with the child on a regular schedule. free from conflict with Defendanl In such scheduling. Defendant has exhibited erratic, unpredictable. harassing and violent behavior, Plaintiff will foster flexible rights of partial custody for the benefit of his son. 15. Each parent whose parental rights to the child has not been tenninated and the person who has physical custody of the child has been named as panles to this action, . WHEREFORE, the Plaintiff requests the Coul1 to grant shared legal and primary physical custody of the child to the Plaintiff. DATE: fhO/9~ aroara Sumple-Sullivan. Esquire 549 Bridge Street New Cumberland. PA 17070-1931 (717) 774-1445 Supreme Court LD, 32317 Attorney for Plaintiff 4 \i, " n .., " " il , " , ' I" I; " " , , , " Ii Id " , , '1 , \'\' , , I,' , . , , 'I,; , , " I.' " , " " , , ,I i, " " , " " , , , "Il' I' '" ,I, , ' " ,I: ,I !\ )' I! I, , , 'il " , , . , " !I EXHIBIT "A" , . i '''I, " " " " , il,' " " , ,I ,1 , , , , \' . I , I H . , :,11 \I, " , jj ;J \'.1 ,I ,1 " , , , I' I il " "'j " , '. , 'i 'I :J I, " .,1 , I' I' .(1 " , 'II, " , ~ JOSEPH P. MURPHY, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW V, JACKYANN CLINE, Defendant NO. 94-7223 CIVIL TERM ORDER OF COUaI AND NOW, this ;Z1.4Qay of August, 1995, following a hearing on the merits, IT'IS ORDERED: 1, The mother, Jackyann Cline, and the father, Jaseph P. Murphy, Sr., shall have shared legal custodY of their son, Joseph p, Murphy, Jr" born January 13, 1991, 2. The mother sholl hove primary physical custodY of Joseph, 3. The father shall have temporary physical custodY of Joseph on the following schedule: a. On alternate weekends from Friday after school until Monday at the start of school, b, Every WedneSday after school until Thursday at the start of school. c. From 3:00 p,m, December 26th until 6:00 p.m, on January 1st. d, For three separated two uninterrupted weeks each summer, Those three periods shall be set by the parents before the beginning of each summer. e. At such times as the'-~r71 may agree, By ~e tour(, . ~ , " , " , I d 1,,1 , ',I) , I " " , 'I " , , , ":1 , , , " ," i! ;i". , , i, " , .'J ,.I ,;1 !"I !, " " , , . , , I !t ii' ., ',; , ,,', , . L' ";~, I , 'F' " .. " , , , , , " , !; , i.. " i . , " I " , 1"' , , "i ,II . I' , I " , "'J ,-Ii "J I " "j i' 'il I, " ~ 'i I " I - , , ''I , L " " , \1 I ~ , , q , I , t' , !l '~ ~ 1""' I Ii " , I . - " I I',' .~ ,(- " . I", .. .~ ') "J~ :, ", I ," -- " )'$1 U.ll.... - " " <"),, ~,t :: \'),,( " , , , .~ -:',,' '. , " ft." ...., ,"lI::i ~ ()'" , ,- ! I' l.l''') i)/l '1 " 'I L)t!. - ,; .(.~ 'i , " , il.j'".I. ;Il~ , ru:,' to- t ....) ",I ~C- 0 t.. , S' , , " t ~ I ) " 6 'i' , L ~ " , , , ,it , , I', ,-, . , I , i-I ',I , " , )1 " , , "J " , , , \, " I. " , I " d , " ,I.', , ,LI I' , , 'I , , . I I,' 1 " . , , '" , , , , , , . " , , , , , .'11' , , , "'i' -',I! " , , , ',I ., )/ , , 1i rl ,,, " '1',' j" 'I. " , , " , , . .. ',' " ,!/ ,] ,I :'., , , ,Ii 'pl\ " ':1,1 ,I "I 1.,1 I' ,II , , " ,. " I, " , '. "'Ii) 'pi " I, ,'I , , " " " " 10 " " " , , , , , , , ,. jl 1 " ., , , , 1'1, ", " \ , " 'I"~ , , " " ," .' ',;; " ," 1"1 " .. 1 F1LErJ.-OFFlCE OF TIt /:rlOn-:CNOTAAY 98 .IUN I 7 AM' /l 4 I 'CUMBU:I./,;'j[) CIJUNTY PENNSYLVANIA ' p ,I " , " , " jlll ',,, , I , ;1 , I, , I' '\ " JII , :' I ",J , , , .' ", l.tL " " , I . Ii, \I ',' I';' , , !'pj " " ',},I }Io,j I,,' 'I 11\',; , " " ." l'I,)lr '. . , JOSEPH P. MURPHY, SR., Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - CUSTODY JACKY ANN CLINE, Derendant : NO. 94-7223 ORDER AND NOW, this lJL day or ~ 1998, the hearing In the shove-captioned matter scheduled fur August 19, 1998 at 1 :30 PM, is hereby continued and rescheduled ror the 17th day or September. 1998 lit 8:4! A,M. at Courtroom 2, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, BY THE COURT: I' I,' j " " " , "': Fllro....'ei'(C 0'" 1\ ,,' \'" "::'1\"'~ -''''~' ~\,,( \. . '. .... ". ,I.,;:f' , qa J\ll.. \1\ \'\'1 3: ~ '5 , ' CI.lM~~\;~J :;'t{ ej;\J:'n'l ~~.N\~~NvJr1'l!(\" . , " ,I , 1/ ,'I 'I ; I.r , , " " I }f I ,j , " I. , ).1 I', . I . ,il' , , " " , I', 'I /, , " .,;' '\' , 'I, . " " , I ~ i'P ,I , ., \, ',Ij , ~ I I' ; , , f , " iql " " " , i " , " , . " , I r ,. . I , ,', j,l/ " 1 I. , 'I , " 'I 'I iI, , I' I , " I' " " " " 'I I: 'I,! ," , 1 'i, , " , ,I II i ". , , , -I' I' , I , , I" Ji' " " " 'I , " , , ,,1. " , ., , , I ., , , , , " " , , I, " , , , '" , , , " I" ,.I ,/' " ". ' 'j!1 1,1 ." " , , , Id, 'I j ,', ./" j ,. " , ".1 ", , , I'." 1,"'/ , , " 1,,1[1 " I; , , ',' ; I ~ ' , "1 . , . , " , I' ,'l " I " ,I i' I ',' .. '\ I " )'1' , , ,,' ., 'I " " ., , " ' ']'; , I " r', " "1 .' , , " 1','1 , ;, " , " " " . , 'I' , 'I , , , " , , , ':i " " rJ , , SHERIFF'S RETURN - NOT FOUND CASE NO. 1994-07223 P COHHONWEALTH OF PENNSYLVANIA. COUNTY OF CUHBERLAND HURPHY JOSEPH P SR VS. ilJ CLINE JACKY ANN R. Tha... Klin. . Sheriff, who to la., .ay.. that he .ade a diligent .earch na.ed defendant, to wit. CLINE JACKYANN but va. unable to locate Her in hi. bailiwick. being duly .worn aCClording and inquiry for the within He therefore return. the PETITION TO HODIFY CUSTODY ORDER OF CQ.llBT NOT FOUND. a. to the vi thin na.ed defendant CLINE JACKY ANN RETURNED AFTER SEVERAL ATTE"PTS AT SERVICE PER INSTRUCTIONS FRO" THE ATTY. Sheriff'. Co.t.. Docketing Service Affidavit Surcharge 18.00 11.16 .00 2.00 ? So an.wer, , / .... // (.... // ~..'" ".~/ /' / . ,r#7/-:"':-t'/!>< H. Ano..a. IU1ne, 5 er .31.16 BARBARA SU"PLE-SULLIVAN 11/06/1997 Sworn and .ub.cribed to before .e this I.!: day of 'I1Aw-t.....- 19 1"1 A.D. ~, ~ )Z..<l~~ ~. rot,nonot,ary ,,) I' ':1' .. ' " , , ., 'i'" 'I " 'I , " I, 'I , I 'I ;' " , i , , I II , , , I , I 'I I .'1 " I"i " . " , , I , I , " L'I , , Ii 'Ii; .' , " , , I I ,1 i' I I ,. ,I, , , " , , , , ',I, ,/ , H , , , '!] :>1 , '., .', " , " , " I< " " , " I I Ii " , ' , " I,', " , , L I "I /, ,. , , I .. 'i " I' 'J'. !.' ;Ih '1, ., " 11;1 I I; . , 'I ,I' '! , i , il , , , . 1\ .. ii , " " ., '" , , ., , , , , I' " , ') " .." " H IpJl , " '1 " , , /. " " I, 'I '. .. ,I " EXHIBIT "A" ~ V. JACKYANN CLINE. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW JOSEPH p, MURPHY, SR.. Plaintiff NO, 94-7223 CIVIL TERM ORDER OF COURT AND NOW. this ;21~ay of August. 1995. following a hearing on the m~rits. IT'IS ORDERED: 1. The mother. Jackyann Cline. and the father. Joseph P. MurphY. Sr,. sholl have shared legal custodY of their son. Joseph p, MurphY. Jr" born January 13. 1991, 2. The mother sholl have primary physical custody of Joseph, 3, The father sholl have temporary physical custody of Joseph on the following schedule: 0, On alternate weekends from Friday after school until Monday at the start of school, b, Every Wednesday after school until Thursday at the start of school, c, From 3:00 p,m, December 26th until 6:00 p.m, on January 1st, d. For three separated two uninterrupted week~ each summer, Those three periods sholl be set by the parents before the beginning of each summer, e, At such times os the~r7.i By ~e Court, I may agree. , ........ Michael L. Bongs. Esquire PlainU ff Charles Rector. Esquire For Defendant :prs I , I, , " ., , " '" , " ,1 II, I,," ,'I'" ,I , ' )', I" ,1J " 1" , " , : , I " " " " , I (-- , , , " " "" " " " '! , , I , " ," " " ,',',' " I , " " " ! , , , ii, , " I' , " " , " , , " '" , I',l " ., I ';; " I" I d ' '1'1 , , "l O.'FI". 'F TW (; I; ~,I ",""I\:FF _jr( Del'Za 11,113 MI'S1 '" I ,1.1.. L.i: P~~iilS ,'LVANIA , ' , , " " " , I " , ' " " " " ,I , I, , '" " " I' 'I l' ~ " I' , " I 'Ill "" II." :Ii j' , " 'I' .'.1 I',' " ii, " " " ;,1' , ;' ,II , ' I" " , , , , II 1,1 'I " " , , , , " , , , ,I ,,' " " , " f.'{:J M = ~J ~ , ' " , 'J I, , I' " , .. ., Prom birth until April 1993 Coover street Hechanicsburg, PA 17055 8. The father ot the child is the Plaintiff who resides at the address set out Plaintiff and Defendant above. He is not married to the Defendant. 9. The mother of the child is the Defendant who resides at the address set out above. She Is not married to the Plaintiff. 10. The Plaintiff is the natural father of the child. Plaintiff currently resides with the following person: daughter, Nicole M. Murphy 11. The Defendant is the natural mother of the child. Defendant currently resides with the following persons: parents l~. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested by Plaintiff because the child has resided with Plaintiff since birth, because Plaintiff is available to care for the child on a regular basis. because remQving ~he child from his father would be detrimental to him, and because the child's best interests are served by having them reside together. 14. Bach parent whose parental rights to the child have not been terminated and the persoll who has physical custody of tho chlld have been named as parties to this action. ~ " 'II ,I " 1.1 " ,j' d1 " , , , i" I' 't' , , ~ ~ I ~ ~ :t; .. d:l ~ ... Z~~i~ g ~ d ~ ~~~~~ iii ~ ~ raf ~ a ~ " ," ,,' i I , , ," ;;! " - .- _,I ~, ~ vs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7223 CIVIL 1994 CIVIL ACTION - CUSTQOY JOSEPH P. MURPHY, SR., Plaintiff JACKYANN CLINE, Defendant CUSTOOY MBMORANDtIM Joseph P. Murphy, Sr., is the natural father of Joseph P. Murphy, Jr., born on January 3, 1991. The mother is Jackyann Cline, a woman that lived with Joseph Murphy. They are unmarried. Following the birth of Joseph P. Murphy, Jr., Jackyann Cline operated a babyaitting service in the parties' home for approximately one year. Beginning in 1993, Jackyann Cline began full-time employment outside the home with AMP, Inc. Her typical hours were 8:00 a.m., to 4:30 p.m. Joseph P. Murphy, Sr., worked as an ironworker and his hours typically were from 7:00 a.m., to 3:30 p.m. The child went to daycare Discovery School on Trindle Road in Camp H11l. He continues to go to daycare as of this date. Joseph P. Murphy, sr., was a very active father and normally picked up his son from daycare every day. He would be involved with him during the evenings. He cooked, cleaned, and took care of the child on a regular and consistent basis. During several ., periods when he was laid off, he would take the ohild out of daycare and be responsible for his daily care. Joseph P. Murphy, Sr., was involved at least as much as Jackyann Cline in the day- to-day nurturing of the child. In July of 1994, Jackyann Cline left the domicile that they were sharing for a week. This was without prior notice. Joseph P. Murphy, Sr., was able to have some contact with his child, although on a limited basis. In December 18, 1994, Jackyann Cline removed herself again from the residence that they were sharing and went to her parents. She took the minor child with her. She completely refused to provide Joseph P. Murphy, Sr., with any contact with his child. Mr. Murphy had to obtain an attorney to intervene in order to get four hours on Christmas Day with the child. Jackyann Cline refused to provide any access to the child until the custody conciliation was held in this case on January 19, 1995. The order that was entered after January 19, 1995 was only done so because Jackyann Cline steadfastly refused to permit any access and Mr. Murphy desperately wanted to see his child. Jackyann Cline is somewhat unstable. She curses and swears in front of the minor child. She has repeatedly cursed and sweared at Mr. Murphy. She has absolutely refused to be flexible and provide access to the child for Mr. Murphy. This is despite , . the fact the Mr. Murphy, prior to the separation, was.lt least equally involved with their son. Mr. Murphy believes that he should have primary custody given the lack of flexibility exhibited by Jackyann Cline to date. He believes that his home will be more stable for the child and that he is much more willing to permit access to the non-custodial parent than has been exhibited by Jackyann Cline. WI'l'HBSSES 1. Joseph P. Murphy, Sr., will testify as to the above. 2. John Murphy, brother, will testify as to Joseph P. Murphy, Sr.'s parenting ability. 3. Michael Murphy, brother, will testify as to Joseph P. Murphy, Sr.'s parenting ability. 4. Ann Burch, sister, will testify as to Joseph P. Murphy, Sr.'s parenting ability. 5. Nicole Murphy, daughter, will testify as to the behavior of Jackyann Cline toward her father, given the fact that she resided with them for a period of time and will verify Jackyann Cline's lack of flexibility and unwarranted behavior. Respectfully submitted, AN~S, V~~G~ &. BAN By \fVt..JU 7'/, M chael L. Ban Attorney for ),!', ',' " " ,.I' , ' 'I ,'" jl-Ij , ' ., , , " " , , " I,' ,I , " Jj ! ~ 11:' " IH!,~ i , ! , /I" P' I " 'Ji::1 ;.~OM I 1/1) I,l) I, , , L\. 'I' ,,1.\/," pi ,',I,'\!I,.(I., .!' I ~',! ,'. ' , " " ','I, ," ,-','- , , I /, " " , " ',' '" ,,. I', ;1'." ill' , , , " " " ~u II II$l\ ~~ '9S '1,1,111'1' " ,,_ t_ ,; of ", ".",!'J'OIl,!r~~' 1;1)II1',I.I",I<,Ii',\ 11"'I!\T~ "'-:"'11,-"'1 -.,. , ~' ' -r'" j' -" I , ," , , , , , I , , ' ',1'1 Ii! " L,j"L I,' "f'i', " " , I,! I I' ,d .\," I' ,I " " " ,I I ,I" 'I'i '1! '" " " ',I 'i " l t,; , , I , , , , , '"I " " f " , , h " ., , I" I , I " 'J, , ii' , , , , , 'I I , I " I ,j'." " I , J, " ,': , , " " I , " " 'Iq/;.'if\'l: , 'i I " , 'J I' I~, 1 Jill " ;Ij,l\i U""J~'i~, i )/1 , " I ~ j I \ '\'1:1 " 1 if i,l) " , " I ",1.\(;-,,' l""'/ "1\) J , I'i " , , " i'{ to',ll , , '.' ,: ~,-- t'ill"; /,-, 1,'/.' I'. t' \'1',-\1-":)1 " ~\li' \H F';l"-:i} .. , /> ; I ; ~-" '. II , " " ., CUSTODY EVALUATION R13: Murphy V. Cline Page 3 Jackyann did state her goal as wantlnQ to remain the primary caretaking parant but ensure that "Joey knows his dad . She would like Joe Sr. to attend parenting classes and work on anger management. An additional major Issue which emerged was her desire not to have Nicole alone with Joey, Joe Sr. Is desirous of becoming the primary physical custodian. He related that he Initially consulted with an attorney In January 1994 to explore custody, He seemed somewhat confused regarding the concerns raised by Jackyann and denies giving Nicole the special status that Jacky perceives. Regarding discipline, he edmltted smacking Joey when the child bit somebody. He stated that he has never hit the child In the face and "never lost control", He seems somewhat befuddl~d regarding why .Jacky has prlOlcluded his t-avlng open acct:'ss to Joey. He feels that Jacky has made up some of the Issues end questions their origin and source, He agrees that the relationship between himself and Jacky began to "sour right before Joey was born". Joe related that his obJect Iv a Is to be actively Involved In his son's development. He did not have tha op,portunlty to be as Involved as he wished regarding his daughter's life, saying 'I mlssad the whole shooting match with Nicole". If he Is awarded custody, he stated that he would "be very liberal" In promoting contact between mother and son, Finally, Joe raised concerns about Jacky's alleged use of diet pills and possibly liquids which contained alcohol. This was explored with Jacky and seems unfounded, Both parents agree that the current visitation schedule Is working, In my contact with Jacky, she related that she did not know how Nicole was relating to Joey most recently, The findings Indicate that Jacky, as primary custodian, assumes responsibility for exposing Joey to his religious orientation In addition to the normal responsibilities related to medical and dental care, Joe apparently takes his son for haircuts. As the evaluation process continued. It appeared that the Issues between the parents were less focused on their son and more to do with other aspects of their divorce settlement, Nir::ola was seen en March 8, 1995, At the time. she was a senior at Cedar Cliff High School working part time In a daycare center, a position she had held tor two years without Incident, She relates being college bound with a proposed mejor In early childhood education, She recalls the relationship Initially between herself and Jacky as being "strained", Nicole presents as a mature, aware, responsible young woman, who Is working, related having a boyfriend and seems somewhat befuddled regarding why Jacky was reacting as she had historically regarding Nicole's relationship with Joey, Results of the data collected from Joey Is as follows, Joseph Murphy, Jr, was seen for two evaluation sessions, On February 10, 1995, Joey was accompanied by his father and his father's daughter. Nicole. On , CUSTODY EV ALUA TION Re: Murphy V, Cline Page 4 March 18, 1995. Joey was accompanied by his mother, Jackyann, The same methods of evaluation were utilized on both occasions, Dua to Joey's age, attempts to use such Instruments as th~ Child Custody Questlonnair'i and Sentonce Completion Test proved unsuccessful. As note<t, during both evalustlon sessions, a Parent-Child Observation was conducted. un the first occasion, Joey was observed to be engaged In some activity with his father, alone, about 37% of the time, 36% of the time, Joay played with Nicole exclusively, An additional 7% of the time, Joey engaged in some activity with both his father and Nicole simultaneously, Thus, during about 80% of the observation, Joey was actively engaged with one or both adults, The remaining time, he was observed to play solitarily, Further, both adults were quite active In attempting to engage Joey In some type of Interaction, attempting to gain his attention at least once every two minutes of the average, Similarly, Joey was equally active In seeking the attention of the adult:;, again averaging at least once every two mlnlJtf.ls, He <ltterrpted te ob:aln Ills fathar's BnOl1lion Eibout twice as frequently as he sOlJght Nicole's, Very little time alapsed without the family Interacting In some way. With his father, Joey's play primarily Involved active physical activity. primarily wrestling. His Interaction with Nicole seemed to be somewhat more subdued as they played with various gamss and toys, Conversely, at times, Joey's play with his father became somewhat boisterous, In general, his compliance with his father's directions was not easily obtained, As an Illustration, at one point, Joey and his father were tossing a foam baseb<J1I back and forth, where Joey began to purposefully throw the ball <Jt a picture on a wall, At least three times. his father directed Joey to cease, but he continued. At this point, his fathor told Joey he was done playing ball; however, after about twenty seconds, they returned to playing ball. In general, his f<Jther achieved Joey's compliance less that 50% of the time, and usually, only after ralsillg his voice significantly, Joey was considerably less active and more subdued durlnQ the second Parent-Child Observation Involving his mother, There werll nG instances of more boisterous play; rather Joey seemed to play more quietly with various to\,s, About 79% of the time he did play with his mother, 21 % of the time, Joey played alone, He seemed less active In seeking his mother's attention. with this happening only once every ten minutes, It should be noted, however, that his mother reported that Joey had recently been sick and at one ;Joint during the observation, he did ask his mother if he could stay with her the rest of the day (the 'Jbservatlon occurred during his father's visitation weekend), Nevertheless, agClin compliance ,^!as I)ot readily attained and Joey responded to less thiln 50% of his mother's dlrectlol1s. The Parent-Child Pr'il-Assessment was 2dmlnistered during both evaluation sessions, and In general, both parents seemed equally knowlodg'ilable about Joey, In general, they also both agreed in terms of Joey's routine as well as likes and dlsnkes, For Instance, they both reported that Joey Is currently unable to fall aSleep alone. His mother reported that Joey sleeps soundly through tho night while his father noted that he awakens him at least once during the' night to use the bathroom, Both parents reported that Joey generally eats Willi and can fead himself adequately using a spoon and fork, CUSTODY EVALUATION Re: Murphy V. Cline Page 5 As noted, additional Instruments were attempted on both occaslonsr Including the Sentence Completion Test and the Child Custody Questionnaire, Joey often provided nonsensical and unintelligible responses on these Instruments; nevertheless, some of his answers were noteworthy, They appear to suggest that Joey witnessed, or at least was made aware of, altercations between his parents, As an example, on the Sentence Completion Test, when given the sentence stem "The thing I like least about Dad Is ....' , Joey responded" Daddy was yelling at the house; Mommy was yelling; Nicki broke Mommy and Daddy up", On a later Item, when given the stem" At home, the best times are...", Joey answered "because Mommy called the cops", When given the stem "If I could change one thing about home. it would be..,", Joey answered "somebody broke the mirror", Due to Joey's difficulties responding appropriately to other Instruments, the PORT was utilized during both evaluation ~essions to sflmrJle his perceptions of his parents. In general, he appeared to perceive his father somewhat more positively. For Instance, when given a picture of a dog sitting between two doghouses, one labeled "Mom" and the other "Dad", during both evaluation sessions, Joey indicated the dog wanted to go to the house labeled "Dad". Similarly, when shown a picture of two dogs asreep and dreaming, one of a father and the other of a mother, Joey Indicted that the dream about the father was the more pleasant or nicer, When given drawing pages with figures representing his father and/or his mother, and asked to draw himself on the fage, Joey placed himself closer to the figure representing his ('ather on two 0 four occasions, On the other two examples, he drew himself closer to the figure representing his mother. In general, the results of this evaluation suggest that Joey perceives his father somewnat more positively than his mother, but not dramatically, He was certainly much more active and boisterous when with his father, while more quiet and subdued with his mother. He clearly spent the majority of each Parent-Child Observation actively engaged with his parents, and his half-sister, or seeking their attention, Both parents, however, clearly seemed to experience difficulty gaining compliance with their directions, Joey also seemed to allude to witnessing, or at least being made aware of, altercations between his parents. In Ileneral, the results of this evaluation reveal no major differences in Joey's perceptions of his parents, with his father seeming to be slightly favored, Although more subdued with is mother, both parents seemed to have equal difficulty attaining compliance. Based solely on these results, neither parent presents as significantly superior to other in terms of parental competence, In contrast, ooth ma'i b8nefit fr'Jm ,;xpUSLJre to a parenting course, particularly one emphasizing appropriate and effective discipline and follow-through techniques, The findings obtained from the adults indicate that Joe Sr, could use some additional education regarding child management techniques, Relative to each other, I believe that Jacky's parenting style with Joey is more appropriate, She seems more relaxed since the conflict and strain between her and Joe Sr, has been relieved as a result of the separation, Joey seems to be doing well In her primary custody and there is no reason to modify that, 'a " ~it ,', ~ 'I, ',1 ] ~ ", 'I' , , , ) .. l' " , ()- , !If , , , I Ii ~ , ',. C::l '- " " Iii E b' r... " N ..' " " I' , : ) .. t~ r1\ I, " , rl j, 'UJ('! ' , c,_);. ,t r:/~'i~~ '" , II fE ,,~ '. I ,J,~,.: I 2;\ u., " I ~ '-..l":M I' , ' In '~ '} " Ir [,I , " 'I (l.. II', 'I I'". cd' ,) , " ,Iti') , " c.t , i' i..i'.!.,: , ;':~, ..c~ I' ,.... ,.,;,j 0 (J' <,J , .. , I, " 'R .. i', ~ 0' , , , , ~ , , , II " , , " I , t " ,', " ~I , 1" " , . , " " , :5 = . "'It- " ! ~ , "I , " I , l , "I " , " , , I , " , , ('"" .' I, , , I , \ " " " , " ,:'/1 ,;, " , , d, ' .I, " , " , I' " I,' " , .. " I " , ; , , ',' " '-,1 " " , " " , , ,," " '" I !: ,', " " ;"'1 .'1' I , " , ,'., .1 ,', 'I " (;" " I'. I I " " ,\ .' " , " 'I' " , ""',1 rt. .. ,. . . I . .t' . /~ ci>>-) · rill\! 0 5 1997 ..., t::LFD-orl':(!: Or.' " r,: I ,P'-"ll -, ~!(I'I'!f')'( I' I! Ii;' I~', , " ",,'1. (It .,<l J"j, ,J' I w , ~7W'" ,~:J ," I'll tV '-(1\/1' I' ", I, i' 'I I '"' ., I I '; , , '.' _, \ I," ,,' 11 ~, . I l'l:J'1I1l:1n.\I/.",j/\ ,j Ii " " ;" " ,', " " , i\ , , , , , I'd " , , .!' .. " " ", " " ~ ',: " I, I }I ,j I 'I ;'1-) II , ,I , "~ I " , , 'II ,,' , , " " I, '" , , I , " I" :f " j! -W ,FI \'1' . '-', " "f,'!' '" , " I, 'il; " 'I ., I , , 'Ill, " . " I , , " ,I ./, q , , "'I " ,:'11,' H , , ... , JI' , " 9. During the parties' cohabitation. Father, due to a worker's compensation disability, has not worked since September 6, 1996. Father has been the primary caregiver of the child since he has been a "stay-at-home dad". Father Is responsible for pre- and post-school care of the child, helping with his homework, cooking meals, gelling the child ready for school. bed and all other responsiiliJitlcs associated with a primary caretaker. 10. Mother works for AMP on Eisenhowcr Boulevard in Harrisburg and Icaves the home at approximately 8 a,m, and returns to New Cumberland at approximately 5:30 p.m. 11. The parties' rclationship began to deterioratc in thc Fall of 1997, and it was expected that Mother was going to vacate the home, In order to maintain the status quo of Father as the primary caretaker, Father filed a petition to Modify Custody on September 30, 1997. A conciliation conference is scheduled for December 4, 1997 before Hubert X. Gilroy, Esquire. A copy of said Petition is marked as Exhibit "B", attached hereto and incorporated by reference herein. 12. Recently, Mother's behavior has deteriorated further, becoming very erratic. unpredictable, harassing, abusive and threatening. Because of the deterioration of Mother's behavior and the increasingly threatening and violcnt nature of Mother's actions and its negative impact on the household, Father filed a Petition for Protection from Abuse, A Temporary Order was entered on October 29, 1997 wherein inlu iliA majority physical custody of thc parties' ... -t! child remained with Father pending the December 4, 1997 conciliation conference. A copy of said Petition and Order are marked 88 Exhibit "C", allached hereto and incorporated by reference herein, 13. A hearing on Father's Petition for Protection from Abuse W88 held on November 3. 1997 before President Judge Harold E. Sheely. At the conclusion of which, Father W88 granted his Protection from Abuse Order which, after testimony, Defendant chose not to contest. 14, Mother testified at this hearing that until she finds a permanent residence in New Cumberland, she will reside with her mother in Camp Hill. She expects to shortly take residence on 4th Street in New Cumberland. President Judge She'illy held that, unlil Mother establishes the 4th Street home as a permanent residence. he will not disrupt the child and remove the child from Father's care. However. he further advised the parties that he was hesitant to permanently modify a previous custody Order issued by another Judge (the Honorable Edgar B, Bayley), Judge Sheely advised Ihe parties to petition Judge Bayley to review his 1995 Order in light of the recent events and changed circumstances since the 1995 <?rder and the extenuating circumstances occurring since the enlry of the 1995 Order. If no modification was forthcoming from Judge Bayley, Judge Sheely has indicated that the Order of August 23, 1995 will again become effective pending the conciliation and full custody hearing, < J . JOSEPH P. MURPHY, SR., PlainU ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. JACKYANN CLINE, Defendant NO. 94-7223 CIVIL TERM ORDER OF COURT AND NOW, this :2~aY of AUgust, 1995, following a hearing on the merits, IT' IS ORDERED: 1. The mother, Jackyann Cline, and the father, Joseph P. Murphy, Sr., shall have shared legal custOdY of their son, Joseph P. MurphY, Jr., born January 13. 1991. 2. The mother shall have primary physical custody of Joseph. 3. The father shall hove temporary physical custOdY of Joseph on the following schedule: a. On 01 ternate weekends frOM Friday after schaal until Monday at the start of school. b. Every Wednesday after school until Thursday at the start of school. c, From 3:00 p.m. December 26th until 6:00 p,m. on January 1st. d. For three separated two uninterrupted weeks each summer. Those three periods sholl be set by the parents before the beginning of each summer. e. At such times as the'-~r7i By tpe couit'. I may agree, ,. " ( , , i' I , , " ,I) , , ,'I " , ~ t , I , I', " " " " II , , , " :1 " " , I'" ", , , " 'I " , , " 'I 1:1 " ,'1 " ',I " , 1,/'", " " , ' 'I " , , , , "' , , I, , , I " , . , I" , \ " It,; ! , , , !ii " ',' " , , , , , , I , , , I' , I'it , " " " , , " I" EXHIBIT liB" " " !i , , ',.;1 ,I , , I." I, .(., Ir' q ',' , "II I , " 'I " '1 " " ,,' , , " , , " , " " , , " I ',' " " " , I 111'1" ," ,/ I. , , , " , " , , ., '11 'I ,,' , ',I " " , " ',I'il' . r ( ,'---' .. I . · ~':Jet>'r-. f. \--\oJrf*"''1l.)r . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW V . jQ(.I(,,\001\ l \'I"le::., . ; NO.! d~ ~ CIVIL 19 'll..\ : CUSTODYNISITATION Defendant ORDER OF COURT AND NOW, this -B... day of (Y \ober , upon consideration of the attached complaint, It Is hereby directed that the parties and their :~;..e counsel appear before \\.h\~,)(. CJ\ Ira\{ 1 b<"C1 ..' theconclllator,at- . ~((iG-n 1\l'l\\"f>r\CM (0 ('n.J.r\l-cuS, , on the L\ day of ~c ~\f'.k::er, ~do\l , at IO',~O A, M., for a Preh:;arlng Custody Conference, At such conference, an .3ffcrt Will be made to resolve the Issues In dispute; cr If this cannot be accomplished, to define i:lnd narrow the issues to be hear" (he court, and to enter Into a temporary order, All chlldre'l age five ,')" 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, FOR THE COURT: By:J{, dha-! 1:. ~l ~ . Custody Conciliator Cit:>.) , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP_ OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE. FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 TRUE COpy F~OM nECORD In Testimony whereof, I here unto set my hand end the seal of said Court at Carlisle. Pa. lhis .../3'1:f.... day oL&.....~ 19,q,2 ..",,,,,~~a.,,,,,J<"'~;~i'f?+ , r- r- 4. 5. During the put five years the child hIS raided with the'following penons at the following addresses: DATES ADDRF.CilSES NA~OF~ IN HOUSEHOLD Birth . 1992 E. Cooper St. Mecbanicsburg Mother, Father Katrina (half-sister, for some time periods) Mother, Father Katrina (half-sister) 1992 . 12/18/94 143 N. 21st Street Camp Hill 12/94 to 5/96 Erford Road Camp Hill Mother, Katrina (half-sister) , 5/96 to present 1809 St. Clair Road New Cumberiand Mother,' Father Katrina (half-sister, for some time periods) 6. The father of the child is Joseph P. Murphy, Sr., currently residing at 1809 51. Clair Road, New Cumberland, Cumberland County, Pennsylvania. Father is single, 7, The mother of the child is Jackyann Cline, currently residing at 1809 St. Clair Road, New Cumberland, Cumberland County, Pennsylvania. Mother is single. 8. The relationship of the Plaintiff to that of the children is that of father. The Plaintiff currently resides with the following persons: 2 ,..,... , , /'-"- ~ JOSEPH P. MURPHY, SR., Plaint1 ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW V. JACKYANN CLINE, Defendant NO. 94-7223 CIVIL TERM ORDE'R OF COURT AND NOW, this ;Z1~ay of August, 1995, following 0 hearing on the merits. IT' IS ORDERED: 1. The mother, Jackyann Cline, and the father, Joseph P. MurphY, Sr., sholl hove shored legal custodY of their son, Joseph P. Murphy, Jr., born January 13. 1991. 2. The mothe~ sholl hove primary physical custodY of Joseph. 3. The father sholl hove temporary physical custody of Joseph on the following schedule: a. On alternate weekends from Friday after schaal until Monday at the start of school. b. Every Wednesday after school until Thursday at the start of school. c. From 3:00 p.m, December 26th until 6:00 p.m. on January 1st. d. For three separated two uninterrupted weeks each summer. Those three periods shall be set by the parents before the beginning of each summer. e. At such Umes os the- vd"rj.i By tpe couit', I may agree, ,. ..,......-.. . (~, r- .. Michael L. Bangs, Esquire For Plaintiff Charles Rector, Esquire For Defendant :prs " .i" ;,1 , '" II 'I' " " 1 , , , , I, " , , ,'I " " , " , I, , " ,I '.j , , , ,\ " I, " " , , '" " " i-, , , " " " , \ I' i,'!! ,d " " ,I, f1' , \1 ," " '" [I " :,',1 , II' I, ',I " ))'1 , " , , 'I "II \'." I. '.l,), I, 'II :)1, , J , '" , ;,1 '" ','I, , " ,I" I. , "'I , ' \j' , ' , , . . , I , I i'i I " , \1 'I , , " , I , I. JI! " , , I , . " , , , , I , , i,' , , , , i/ 'II , 'I , , , " ~, ! " , , , , '. , , " , , I ,) , , , , , , , , , , , , , , , '., , , L, , " . II , , " , , , , , " , , I ;1 , ,)1 , , " , , , , , , , , , , '.1 , " " , , . " , I , , " , j' , " , , , " " 1.1 ':1 ,I , , ., I , , , " , , 1,1 '.1 " " , , , " /I' , , , 'O"j , , , " 'I , , " /' , , , " , , , , " " , '.j' d " , ;'\ 'j; " , , I.' "" " EXHIBIT "e" .' .... ......_..._.4~..._. . --, ../..., \. , , I JOSEPH P. MURPHY. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 1/1- S"9CJJ (J;,.d 7:4,.., V. JACKY ANN CLINE, Defendant PROTECTION FROM ABUSE TEMPQRARY ORDER UNDER SECTION 10185 OF THE PROTECTION FROM ABUSE ACT AND NOW, this ~ day of (Oc:t:L..... , 1921, this Court having found that good cause exists to enter an Order pursuant to Section 10185 of the Protection from Abuse Act; It is hereby ORDERED and DECREED that Defendant, JackyAnn Cline, is restrained from physically striking. harassing. threatening or contacting Plaintiff, Joseph P. Murphy, and visiting, entering or attempting to enter the Plaintiff's present address or any subsequent residence of the Plaintiff. Pending the conciliation conference scheduled for December 4, 1997. Plaintiff shall retain majority physical custody of the parties' child. Joseph P. Murphy. Defendant shall have partial physical custody as can be mutually agreed, This Order shall remain in effect until the hearing in the above-captioned matter. The Sheriff is directed to serve a copy of this Order and the accompanying Petition on the Defendant without prepayment of coslS. Law enforcement officers. the staff of the county office maintaining the Registry of Protection Orders and court personnel shall not disclose to Defendant, Defendant's counselor I I ~ I . ! , , 1,'1 , .. ~4R J I 1995 J'f,V IIN THE COURT OF CONNON PLBAS OF ICUMBERLAND COUNTY, PENNSYLVANIA I INO. 7223 - CIVIL - 1994 I I :CIVIL ACTION - CUS'1'ODY '1' ORDER AND NOW, this _ \0 day of , 1995, upon consideration of the attached Custody Cone 1 at~on Report, it is ordered and directed as follows: JOSEPH P. HURPHY, SR., Plaintifl v JAClCYANN CLINE, Defenda'nt 1. A Hearing is scheduled in the above case on Thursday, July 6, 1995 at 8:45 A.M. Counsel for both parties shall file with the Court a Memorandum setting forth a history of the custody proceedings in this case, aach party's respective position on custody, a list of witnesses that will be called to testify and a sunullary of the anticipated testimony of each witness. This Memorandum shall be filed with the Court at least ten days prior to the Hearing date. 2. Attorneys for the parties shall, upon receipt of the report from Guidance Associates on the custody evaluation, confer with the Custody Conciliator by either personal conference or telephone conference in an effort to narrow the issues in the case and, possibly, reach an agreement prior to the Hearing. 3. Pending further Order of this Court, this Court's prior Order of January 30, 1995, shall remain in eff~ct./ BY T11E :RxOURT" II '. I IMf. Judge Edgar ~. 'BaylB:!) CCI Charles Rector, Esquire ~"-' ~~<fIIO IpS, Hichael L. Bllngs, Esquire ..-/J, f .. JMI :::(j !'l%r/",,- JOSBPH P. MURPHY, SR., Plaintiff v 'IN THE COURT OF CONNON PLUS OF 'CUMBERLAND COUNTY, PBNNSYLVANIA , 'NO. 7223 - CIVIL - 1994 , JACK.YANN CLINE, . Defendant . . ,CIVIL ACTION - CUS'l'ODY COURT ORDER AND ~OW, this 1,., day of ~CW\A.IQA... , 1995, upon consideration of the attaohed CUBtody Conciliation. Report, it is ordered and directed as follows, 1. The Mother, Jackyann Cline, and the Father, Joseph P. Murphy, Sr., shall submit themselves, the minor child, Joseph P. Murphy, Jr., born January 13, 1991, and any other individuals living with the parties to an independent custody evaluation to be performed by Guidance Associates. This evaluation shall be done on an independent basis with Guidance Associates to render an opinion with respect to the current custody situation. Cost of this evaluation shall be shared equally between the parties. In light of the current custody situation, it is recommended that this evaluation be completed as soon as possible. 2. Pending further Order of this Court or agreement of the parties, the Mother shall enjoy primary physical custody of the minor child on a temporary basis and the Father shall enjoy physical custody of the minor child on a temporary basis on alternating weekends from Friday at 5 P.M. until Sunday at 7 P.M. The Father shall pick the child up at daycare on Friday and return the child to the Mother's home on Sunday evening. This alternating weekends shall commence on January 20, 1995. 3. Upon the complet,ion of the custody evaluation and in the event the parties are unable at that time to reach an agreement on a permanent Custody Order, counsel for the parties may contact the Conciliator for a Custody Conciliation Conference that may be scheduled through a telephone conference call and, in the event the Conciliator is unable to obtain a settlement of the case, the case will be promptly scheduled for a Hearing before the Court. " , ,'I' " i,,' ,Ii 'r! '. , , ;", " I' ,I " " " " , , , " " I "\1 'I r,'/ " ,It,.' :'(1 " 'Ii "JI ! -I ')-,;, .1') ,JA/f,3D IU ,~~ ~H '85 " ,", ..,I,.'," I'! ;h ,..' "', "Iil l' '/.i. ~',", I'-p- - -, J'" t" "", 'I " _,J" 11, I'" ,i)", j~' -ilif'r. I', I '\il,'.~-tJ.l/i.'_fl \l , , '" ", 1''/'; " " ,,, I.'" , , " .. , , , " , ,j I; 'I , J' , , , ',i , , " , .' 11'li , "I 'ill " , ,," , , , "(1 'I' " " " "I III '"I t., , ! , \; , III " , , , , , " , ,', , , , " ;'1 " " Iii .\ 'Il" JOSEPH P. MURPHY, SR., PLAINTIFF V. JACKYANN CLINE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : 94.7223 CIVIL TERM QRQER OF CQURT AND NOW, this 17th day of September, 1998, the hearing In the within oase shall be concluded at 9:15 a,m" Wednesday, September 3D, 1998, In Courtroom Number 2, Cumberland County Courthouse, Carlisle, The child Joseph shall be brought to court that date. 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Directory . ~;- \-/ l,! 1998-1999 " , F. f ,,~ ~~, ....~ . --~ v (VJ" v 1 ( .J" , < ,-.lJ /;(.J. , ' < ,"'1.;'0.J. . -.) F. "j r ~- ~ { . '. ) F. ,,~ r (:~r'{~(~l./ .{~ r.{ ~<~l' '.J ~ , ")0 ~ F ... 'oJ ~, '1'0 ~ F I ~,{ 'I;':' \ I l, ' .. ',; · , 1'- ~ ~~,.. "'."~ ~ 1', · ..~ (~ ' ~ ~,,~ y. -',tr (1 · ~...,,,~ ~ 1200 Hr1~ SlreC!, Nt..... Cumherl.:,md. PA 17070 Phnnr 774.7404 1998-1999 Home School Association Activides and Chairpersons ChrUt_ Craft Nl&ht- FunlJy Blaao- Debra Jloohln.kl t6 Muftbu with Mom- Deb Boshln.kl. Unda Stout Doauh with Dad- Janet Culp. Uncia Stout FIdd Da)'" Carol Piontkowski ,\saanblla- Krls C..rdene. Sister Bernadette PubUdt)'" Before/After School ProV....... Marie earr R.cd1assd Swim Program- Sister Bernadelle ~ Swnt Shirt.. Sue Drltt-~!lCtar Bazaar Table- Unda Cichy CathoUc Schools Week- Hershey Park Ticket.. Evonne Uhrich Dlscouot Books,- Evonne Uhrich ..- Play ll"ouodlLuach Asst,. ~ Whitttale EavlrODDlCJ1tal Center- Sister Bernadelle Krb Cardene Teacher Appreciation Day- Ann Maire VllIor. Cindy PeUey School Committee UaIsoa- Teacher ChrIstmas Cookies- Marylee Dllek. Kate Pursel School DIrectory- Patricia Callahan Leans to Swim- Family Skatlag Part)'" Annamarle Will information Night- Janet Culp ~ Craft Fair- Krls Cardene. Evonne Uhrich CF SlpolPubUcltylPaper- CF RaIIIe- CF DccontloJllo LIsa Orosz CF Bake Sale- Pam Mateer. Marcia Brlter Unda Stout CF Kltchea- Pizza Sale- Unda Cichy Hoagie Sale- Annelle Jones. KIm KeUer Piper Sale- Coady Sale- Krb Cardene. Robyn Holder Annmarle VllIor bom Mother.. Ubby KJng Teacher Reprcseatatlve- Uniform ExcIwsge- Patricia CaUahan Bro'ND Eavelopes- Annmarle VllIor ... ~ Smart Mone)'" Lydia White Social Dance Grade 6-8. PatrIcia CaUahan t. Unda Stout. JOIn Suodac Partlcs-Oc:t: Kate Pursel . Jaa: Annamarle Will Sid Cub- Volutccr lJst. Robyn Holder Rebatca: CampbclJs.. Tamle Owen. ~ Fo.... Robyn Holder Hills- Robyn Holder Karn.. Joann Drltt Tabs- Marcia Brater Box tops for Educ:.- Sue Britt-Resetar Supcrfrnh- Pam Malcer . School I. nol In S...lon on tho (ollowlng daY': s.,plombor 4 '" 7 t.bor Day Sepl<l1bor '0 l'.ducalloll Con(e..nce October I 2 Columbu. Day Novembor 26, 27 '" '0 n.anbtltvtng Holiday Decembor 24 Ihru Chrl.lmu Holiday January I, 1999 January I 8 Martin Luther King Holiday February 11 Famous American Day March 12 FlIC1llty Retreat ^prill, 2 '" 1 Euter Holiday May'l Memorial Day Important Dal..: AuguSI , I . Flnt Day June 9 . Last Day !!91on ~erlod Eads Saow ~'''-ap Oal'! lIe needed) ........CII'I~ r:.11 November 4 January 22 March , I June 9 February I J ^prll I ^prll J Juno 10 June II 1997-1998 Home School Association CALENDAR OF EVENTS August All 14 Faculty Brcakfut !I FInt Day of School S.cp.tcmba 2 Cudy'" PIp'" Sale Bep. & 10 Bock to School Nlaht 7:00 PM .. .. IGrades Pr..3) 17 Bock to Sdtool NJaht 7:00 PM IGrllles 4-8) .. . 21 St. Theresa Play III Church 7:00 PM 23 Cudy'" PIp'" Orden Due Octoha 1-9 Hoagie Sale 14-16 Tlpl Prol'om 23 Su.odae Party durlag School 28 Hoagie Pick-up ICofderla 3-6 PM) 30 Class Partl.. f ~ Pueat Coaferencn to be MJlou.oced 10 Mullin. with Mom 7:U-8:U AM 21 Candy and Paper Pick-up ~ Ikccmher I 0 Christmas Craft Nlaht or Christmas Store 14 Christmas Program 11 Somplers January 24 CathoUc Schools Week 21 Iaformatlon NJaht 7:00 PM Teacher/Oeray Luncheon 27 Staff Luncheo. 28 Sdeace fair 29 SUDd.., partylVolleyball Game D Q . ~ 1 Student CoUDeIl Dulce Grilles 6-7-8 March B Craft fair ','~7"'" t 21 Funl.Iy Skate at fbay'. April S I 3 As.tembly ~~ =~.8:f Dad 7:1J.8:U AM .. . MaJ I FIrst Communion 'T May Cro........g II HS^ Election. June 2 K1ndcrg.utea Graduation 7:00 PM 68th Grille GradUalIll. TItne/Place 1'8_ ' '"'" ",.r_, ...... 2 . Gndc 2/Room 2A Mn. Dcborah RodrlRUn Hanllllh Arndt Kathryn aark Mlcena Davis Nicolas Delermc Dcan Poolc Victoria Ford Emily Frank Audrcy Ucpp Eric Kerns Phlllp umancusa Ryan Long Adriana Longcy Christopher Malloy Andrew Malush..1d uccy McDonough Travis Meltlcr Alison Ml)shcr Hopc Nnler Kallyn Olnch Dcrrick Owcns Daniel Placzck Ewn Resetar uura Schwartzer Gndc 2/Room 20 Mn, Susan Moser Gradc 2/Room 2C Mn. Dcborah Poote Danlelle Baur 1Ir1llany Iknnell Christopher Iknnell A1elWldra Iloyd !<aile Buller John Chiara Paul Dicuy Mdce Fox Tyler Gaul Mallhew GrofT Mallhew Haldeman NIcole Joynt Emily Keercr Frank KostyaJ Kelly Leese Ikthany Lontz Sarah Marb Cale McKee Jennlrer MllIlIhan Katherine Padamon.ky Marl.. Pozlem.1d Erin Spaulding Candace Slepp Michael SlIpe Klnlen Trimmer Calelln Allison Alexa Barbu.h Angelo Barbush Mary Caslner Brandon aaypool uuren Fasick Tlmolhy Gahr Marc Hamlin Brian HarrI. Slcven Kowalkowsld Chrlsllana Longcy Thomas Marcucci Joseph Murphy Jacob Plpla Danlcla RJvera Kellh Shaw Kamla Shenoy ~arah Spl.hock Lyn Ann Stelnmeler Jennlrer Strouse Nlchole Temperato Auslln Welmore Annamarle White BRAUN Sara 7 A, Ktvln 48 BllllOCX. Michael 7 A, Nichol.. 2A rAt J AJ.lAN JOKph 8U. MClKhlfl Dtnnla and Dot Unun 8n Moo... Mounllln Road Lcwi.b.ny, PA 17 H9 697.12H T.d and Olan. Bu,ock 1219Klnp CI,d. Mc.hanlcabu'B, PA 17011 728.om Timothy and Patrlda Callahan H I Lcwi.b."Y Cou,t PO BOX 211 Lcwi.b."Y, PA 17H9 9~8.1281 BRI('ICP~ Gabriel.. 4A BU~7X" , Josrph 6B ('AURIU", Benjamin IA Paul and Klm Bricker 618 SoI.m Road Etten, PA 17519 938.9951 Mthony and Judith BUllka 10" Brandl Ave Lcmoyn., PA 1704J m.m4 Rocco and ,)an.t Cambria 1 17 Sunaet VI."" Drl.. N."" Cumberland, PA 17070 774.11 H IIIlll:I, Mthony 7B BI rrAL.\ Abby PJ rADnp..NP., Lance ,^ Joann Brill 22 Wayne Avenu. N."" Cumberland, PA 17070 770-1698 Ori.ty Br.nnan I Hunler Lan. Camp Hill, PA 17011 761.1158 Rob.,1 aud KrIstin Card.n. 80 I W. FOllCl'oft Dri.. Camp Hili, PA 17011 n7.714 I RRnWN, Cou,tn.y KPM B~ Courtn.y 68, Palrick 4B, CA.~, Cath.rin. IB Kati. 2B, Sha"" IC Daniel and A1yoon D'o..... Chrilloph., and Judy Casey HI Walnut SIr..1 Thorn", and Jon'll. BuU., 40 O.y.nn. Cou,t Lcmoyn., PA 1704J 208 A1anthla Lan. yo,k Ha..n. PA 17370 7)7.)719 Ell..., PA 17H9 266.92~6 9~8.20H BR7P7JNSICI, Nicole SA C4IlIA Donald 8A CASSATr, M.Wn 6A, Math..... JC Bernard and Gloria Brzezlnsld UIIl. Cabl. 194 Wilcox Dri.. 644 Olan. Drive Jam.. and Glnge' Cassall N..... Cumb.,land, PA 17070 Ell..., PA Inl9 ~Ol Sunri"" Driv. 9n.8044 938.8411 Dover, PA 1731J 9J2-4019 BIJRGP1\ HIIrI)' P4P (' ARI Jl.8J.1BNS, Lo,eI.1 4A CA~.R. Taryn 7B, Richard 4A, Mary 2C HIIrI)' and Pamela 8urge' UlII. C.abl. 194 E"'I'..n Road 644 Olan. Drive Richard and Jacqudyn Castn., N..... Cumb.,land, PA 17070 Ell..., PA 17319 ~ 2 Farm Hou"" Lan. 774.10~6 9J8.8411 Camp Hili, PA 17011 751.8678 BI JRICP Chaco 8B CAlJAHAN, Ryan IB CATALANO, Coryonn KA2 Bruer and O,.nda Davis Richard and JUII. Callahan Trisha Catlllno 294 Do,."..,t Circl. Ion Counlry Oub Road JOJ T.nlh Slu.t Ell..., PA 17H9 Camp Hili, PA 1701 I N..... Cumb.rland, PA 17070 9~8.9022 761.8614 774.8407 BPAlJDlIV, MIrt.. 48. .\dritnn. JA BI!NNP.TJ:. Da>id SA, Johnp.ul JA. C1l1iltophtr 28 Mlchoc' IlId Lynn MIrt. IXnn.1l 107 AII.n Str..t N.... Cumbtr'llId. PA 17070 774.ml IV'KVl Mlllh.... 7A Thom. IlId Pundl IXluduy '06 81U,y Stroot N.... Cumb.rlllld. PA 17070 774-6U1 Nick IlId Vleld. Bouo 404 O...fldd Road Camp Hili. PA 17011 761-042' RPruTnI n, Sara 18. IXojamln J8 RPJIIIIGAN Ollvl. P4P BOlmN Juatin '8 KaII IlId Kalen IX.btold 10J c.n,1 Stttot N.... Cumbtrlllld. PA 17070 774-'6" Jo..ph IlId Patrlcl. IItrrt.... '04 AlI.ndal. W.y Camp Hili, PA 17011 "1.8546 J.IIi.y .,d llyn Kri.pr '4 B, l!1.venth Str..t N.... C'.umbtrland, PA 17070 774-1'06 BI!.CI', Shlllltl P4A am Aahl.y KPM acm. A1._dra 2B T.ni Codtr 7'6 Sehoolholllt Lan. Ltwi.btny. PA 17 H9 951.2.,4 KalIn. IItta 422.A Dukt Strtot Enoll. PA 1702J "2.5172 Robtrt and Sandra Bo,d 640 Elliott Drive Ltwi....ny. PA 17H9 9,..9141 RPrtcPR Sh.....'A, Br.ll P' BUEK. Damllll 7A BO~ }tnnl~. 18. J...my 6A, Anthony '^ St.ph.n and Cynthll IXckt. Jacob IlId MIry Lt. Blick 14 unttr Dri.. 7 J Rid&< Road Danld and GnICt BoY'r Camp Hili. PA 17011 I!tt.n. PA 17"9 .,7 Wnt MIIn Str." 757.'146 951.1081 Marysvtll.. PA 17015 917.5797 BEU... Nlth.. 78 BOND. Tyttr SB llOYlB, Dr.ndan P4A MIry IXII 1Mhlf)' and Rlcld. Bond Mlchd. Pcltltr 2" Ort.n L.n. Dri.. 4 ArdmOrt C1.do 621 Old Qu..... Road Camp Hili. PA 17011 N.... Cumbtrlllld. PA 17070 Ltwiabmy. PA 17m "7.J419 774-llU7 952-9H4 RPI ~K1>'I(. Brl.. 18. Chrlllln. '^ Anllnr .PUA.~I Morpn 1(,\1 IlRAIlY, Erin KA1 8ru<< and 0..... IX..kty H J Eqqus Drt.. Camp Hili. PA 17011 77()'1 "1 Randal IlId lAurlo Bo.dJ.mlY 1" Seventh Str.ot N.... Cumbtrlllld. PA 17070 774-1291 KIm Brady 921 ...........rry Road Apt 1 .......abmy. PA 17m 952-4HI III!NNI!TI:, Brittany 28 lV'K"INSKI, Joltph IA, Chrlllln. 68. P"or 'A BRA~ Nicol. 7A Mark and Th..... IXnn'll 6J Whit. Oak Dri.. I!tltn. PA 17519 9'1.9510 William IlId Othr. Bo.hlnlld '61 Old SUllO Road Lt..i.borry, PA 17119 9".91M DavId ad Marcl. Brato. 10 VIII"". Road flllon. PA 17"9 9,..119' COllNI. Mtllhan M dL'ilI.V.\, Samantha K, Kath.rin. !<PM OPSClMFR Gr.llory 18 William and Gall Flnnasy 2114 Thomas Str..t Harrisburll, PA 1710~ H2~f72 Usa daSllw 20 Sh.mdd Dri... DlII.burll, PA 17019 452.8H8 Thomas o.lOm.r 4044 Ch.rok.. Av.nu. Camp Hili, PA 17011 763.8069 QlAWI'QlID. S..... 1'3 DA1I1S. AlI..n. 2A DBWANR, Mf&daJ.nl fB St....,n ond Kim C,mort! 13 W..t Shore Dri... Camp Hili, PA 17011 761~220 Authur and o.bOrM om. 10 DoordorfTDrive Elt.n, PA 17319 932-2'/JJ William and a.udla 0._. 13 2 Old Ford Drive Camp Hili, PA 17011 761.8249 CRE:T.\, jonlthan 7A DA1I1S. LarIn. 'A. Brand KAI OIneR'( K<lth 3A. Paul 2B, Grant KA2, V.ra KA2 Nicholas and Lollel. Cr.to Bruc. and Dr.ndo 4 Homntc:od lAne 294 Do......t Clrd. Do\id and Miriam Dlckoy Camp Hili, PA 17011 Ett.n. PA 17319 60 Rod Ston. Driv. 938-9022 York Hav.n, I'A 17370 938-2941 au. jam.. Ie o~ Sarah KPM DIETZ, Kt\in 18 jam.. and jan.t Cull' WIlliam and Margar.t o.an.r Kt\in and Donna DI.tz 3608 Gol(,;nl Dri... 217 RoKmont Av.nu. 187 Sal.m Rood Mtchanlcsburll, PA 1701J N..... Cumberland, PA 17070 Ell.n, PA 17319 73 2-0403 774-0408 938-0344 Cl JRRAN o.ldr.!<PM DEL.4NEr. o.r.k M, j.nna lA, Doni.. 1'3 DIMlNlCK. JOKph 18, Alyssa 38, Michael lA, KI.nt.n P4P r....th Curran 4 If Carol Str..t N..... Cumb.rland, PA 17070 774-8768 William and U.. Delan.y '01 Fifth Str..t N..... Cumb.rland, PA 17070 774.8780 Ktnndh and Lori Dlmlnlck 1017 Brandt Avenu. Lcmoyn.,PA 17043 730-0948 a 1RRAN, Matth.... 6B. BradI.y 3C npJ ~.AUP'1 Simone J8, Nicolas 2A DOlAN, Laur.n 3A jam.. and EIl.ah.th Curran 122 V.llo.... Br..ch.. Drive Camp Hili, PA 17011 763-1 H8 ,\,Edscl and Suzanne o.l.nn. 18 J Crljplloor Rood Vork Hawn, PA 17370 266-4406 jam.. Dolan 1602 Wyndham Rood C..amp Hili, PA 17011 761-4028 DANEKF..R., H.ath.r 4B DPPPI!.N, J.nna P4A DUGGAN, BriBid 1'41' G.rald and Patty Ann Dan.k.r 23 80dnll Rood N..... Cumb.rland, PA 17070 774-7646 John and o.nlK o.pp.n 1708 8ridB. Str... Ne.... Cumb.rland, PA 17070 774.1616 Patrick and Mary Duuan 23 Br.nt...ood Rood Camp Hili, PA 1701 I 763-7113 P' I lOTI' AllllOn lB. E1aln< NA PA7.7DLARI, Nichola lA PORSll!.R. Chrilllna IA john and Mary E111011 621 Ce< jay Dri"" Elt<n. PA 17H9 938.1071 Th<rna ''''201ali 184 Show<n Str<<t Jlarrloburll, PA 17104 m.H90 Ed.....d and Mari< Smith 18)8 1I0lly Driv< Ump UlII. PA 17011 761.1776 PUPR'CIC H<ath<r 3C, Danld IC EIlB4. Mall.. KPM ~ Natasha 6B. Chd'<I IC David and Rachdl'.m<rick 20 Shdl<y on"" York H"""n. PA 17570 938.820' Puqull< and Mlchd< 1'<,. 218 auk Strrct L<moyn<. PA 17043 774-6866 Jill Poot<r 97 1'I<.....t View TelTllC< N<w Cumb<r1l11d. PA 17070 774.0213 PUPRY Jodyn KA2 llPDaAN'TP,. Ashley KAI EOX, Mo'pn lB. Palll" lC j<lnln< Bm<ry 6' Gary Plly<r Dri.. Ellen. PA 17119 9'8.9170 Pblllp and Klren I'<"ant< 800 York Road , m Dortr. PA I73IJ 918-4631 Gary and O<nl"" Fox 116 Allendll< Way Ump HIli. PA 17011 730-0398 ~ haron 7B. Katl< 3B P1T7PA'I1U~ Charl<o 38 fOX, hld<< 28 Euacne and U.. "-'hbach I 244 Ro.....oyne Road Mechanlc:sburll, PA 17011 791.9990 Theresa Fitzpatrick 1802 Willow Road Camp Hill, PA 17011 710..9130 Cbriatuphn and Till Pox '6 ~rord Dri"" Enola, PA 17021 732-4'9' PAUl..\, Grazldla 7B, Vlncen.. 'B. Aleloandro P3 aaI. Hayd<n 38 PRhNl(, Bmlly 2A Vltwrio and Santlna Failla 10 St, Andrew Way Ellen. PA 17H9 932.9040 Jled1 flot 79J Scenic Clrde New Cumberland. PA 17070 774-4846 j<rry and Nancy Frank 12 Ovt. Dri"" Mrchanlc:sburll. PA 170" 763-4" , PA'ilCIC Mauri.. 6B. ....ur<n 2C POO'Il!., Dean 2A, Whitney IA GAR' p~ Hanna 8B. l<>pll 4A. Quinlin 38 Robert and Mary Falck 108 Holly Court L<""oberry. PA 17H9 938.83 87 Dean and Deborah Foot< no W."en Str<et L<moyn<. PA 17043 774-4740 Robert and Wanda Gabler 8 Formhou"" Lane Ump Hill. PA 17011 737.91" P^WRP~ justln 'A, jaelyn IC fORD. Palgo 38. Victoria 2A GMlIlAllDI , Joseph P4^ Elrl and Gall Fawb.. 341 Walton Street Ltmoyne, PA 17041 774.77.\9 John and Barbara Ford 98 8yron NdlOn Clrdo Ellen. PA 17H9 9'8.'318 jo""ph and joy Gaatlardl 1422 Rtd Maple Court New Cumbelland. PA 17070 77 4.1494 HARDT JOthUI KPM HPJIlPI St<phanl< IA Hnnt'PR SI<ph<n KAI J<nol(., IUrdI 1911 Krol Drivr Camp Bill, PA 17011 731-96~6 JlCk and Kathy H<llerl 70 Grr<omool onvr EnOII, PA 17021 7J2.m~ O..id and Rhondo Bockrr Il 1 Soulhc:rrtlllDad York Hlvrn. PA 17170 9)1-1199 HARRI~ Brilll 2C, Mcllua KAI I:IEU4. Pnnldln 18 HrvYFlR Danlrl 48 SlID IlId Shrlly turrit 10 Oak Hili Drivr EII<n, PA 17H9 9 ~ 2-2973 Thom. IlId Miry Brim 410 SI, jIlhn't Drivr Clmp Hili, PA 17011 971.0921 John and Loun Bocke, 1710 Chili.. Slrtrt N<w Cumb<,land, P^ 17070 774-6187 U4I!:L Jason 18, PJ)'K 1A ImUl PR 8ndJ<y 18 MOl npJ.I Thom. IA, Mlc:hlrl 68 Mary 48, JIII1" I^ Jamn and U.. Harl S.... and Kar.n H<ml<, 426 Candlewyck Road 110~ Chari.. SIr.<1 Thorn.. IIId Robyn Holdtr Camp Hill, PA 17011 N.., Cumberlllld, PA 17070 519 MorUnpl. Drivr 971-1972 774-~297 Camp Hill, PA 17011 774-1148 HA.......P.1T. Sh.. 18 I::IIlfI.!. ,\udr.y 2A HnIlJNG~ .\uIUn ,\8 Devoo Hassell Joltph and SUIIII H.pp Dantll. HIII..I 70 Sam Sn.od CI,d. 340 Cartr.( Road 343 H.nnlll Avrnu< Elt<n, PA 17H9 ElI.n, P^ 17319 Ltmoynt, PA 17041 9\2.2311 938-0438 711.9307 HAYDT, Mlc:hlc:l 4A HI1:l5, Krlly 3C HORTON:, DavId P4^ William and Robrrta HlIydl 614 Ltwllbeny Road N<w Cumb.rlllld, PA 17070 912-2160 Patricil H.II 13 H Oak LInt N.., Cumberlllld, P^ 17070 774-4841 , DMd IIId SUZIII Horlon 2121 Gnndvitw Drivr Yo,k Haven. PA 17370 9)1-4269 HAVMAI\l, Mary 38, E11..beth lA, Roberl P4A HP:\lII'rt:, Kalhryn 7 A, I!mlly 48, Samuel lC, PJlzabeth KPM HOIn'ON, Eric 68 Rob.,tand E11..beth Ha)'hllll 301 South 241h Slr..1 Camp Bill, PA 17011 737-9982 Thom. IlId SWIll Htwlll 2~ 2 Grr<n Lan. Driv. Clmp Hili, PA 17011 763-8219 Alberlllld Annllern Davenporl 311 V.,beb Slrttl Borrt.bu'll, PA 17102 231-4017 HEIGL, A1.....d.r 18, Nltol< IA lIJLIA ^,hl.y KAI HIINTPR Monica P4P Philip and Anr.olntll. 11<18\ 418 A(ltrnth Slrr.' Nt... Cumb.rl.nd, PA 17070 774.1012 Eve,.1I and Th.rtSf Hili. 236 North 21th Strr<1 Camp 11111, PA 17011 971.1917 William IIId Donn. Huntrr 807 Sprinl Lant Camp Hill, PA 17011 774-0971 U1NAHAN J.nnlf.. 211, J...la KAI MlIRP..v, JUII. I^ nllCW7 WIIIIIIll'C J....ph ""d Carol Mlnlh.n 606 Stal. SIr..1 Ltmoyn., P^ 1704' 765-4260 I'.d_d ""d Mary Murphy II IItd Ilarb...y Drt~ Illlm, P^ 1"19 m.1169 William ""d Uu Orou 700 Wln.buy CI.d. Ltwt.btrry, P^ 17H9 9'8..,60 UnIIU Dmd 68, Glo,"n. ~^ NAn.an, Alhl.. 710, Gin. fA, Carl... KAI n117P~, Kallyn 2A, Nichol.. KPM SI.wn ""d Ann Morra 726 SlId..nlll 51'..1 N.... Cumbtrlad, P^ 17070 774-4421 Mlchld ""d Jolly Nazaro '0' Evo'arttn Road N... Cumbtrland, P^ 17070 "4-7171 Ruudland l'Iull Orz.ch 6' N. T.nlh SIr..1 Ltmoyn., P^ 1704' m.1688 UnolPa Ellzabtlll '^ NB.~ Mlchltl 'D, Hopt lA, Phtlllp P4^ 01lll!N!l Derrick 2A Ch.I.1 ..d S_ Molt' 600 Pou'lh Str..1 N.... Cumbtrland, P^ 17070 774.1119 Chrlltoph., and Anlonotl. N.Ilo, 21 U W.nl....rth Drt~ Camp Hill, P^ 17011 76'.0'4' JOltph and TlIllml. ~nl 9~1 Hummd ^vonu. Ltmoynt, P^ 1704' 7H-608J urwuP.R AUlOn 2A NGnr. T. VlI, Aaron KAI PADAUn",CI/V Andr.. 6D, IItn.. 18, Anltl. 4^, Kalorin. 2D l'Iul and Jun Moall., Sullo Npc T. Vu 216 Wlndln. W.y H 9 Thl,d SI,..I Apt 6 J....ph ad Undo l'Idamonaky Camp HIli, P^ 17011 WOltl'alrvtO", P^ 170" "4 Bolio, ^~nuo 76'-09'4 728.0'16 Ltmoyno, P^ 1704' 7J t.8H4 MIIRPHY, Slovon 6^ ~ Chad IC PARAnI\, Drn.48 Prl.. IlId Joyco Murphy John IIId Sady Norl OMd and Jo)'Ct Parada 600 N.u\'OO Road UI AUfo,d Drlvo 816 Surrey Court Ltwt.borry, P^ 17H9 Enol., P^ 17021 Camp Hili. P^ 17011 938-4214 691.om "0.1989 MlIRPHY, JOltph 2C tmU.. N.than 18. Adam '^ PATm., VtpllV 4^. Dtpum IC JOltph Murpby 1809 SI. all, Road N.... Cumbtrlad, P^ 17070 774-6420 Stoll ad AdaI.n. Noll HI a.uy ^vonu. N... Cumbrrlad, P^ 17070 "4-'.101 NIl.aIll'l1t1 PO BOX 189 ElI.n, P^ 17JJ9 938-6200 NA7.AY Krillof.. 48 rnrP.~. FJi..btlh IC ~ Ch,llloph., IA T. Sand... Nu.y 121 H.rman Avonu. Ltmoyn., P^ 1704' 97J.2408 Rlch.,d ""d Klmb.,ly Ole... 789 Old Quakt, Road Ltwt,b.rry, P^ 17H9 932-0744 MarkPulr 721 T,1l1 Lan. Enol., PA 1702J "2.9110 R.U.IIIS s.manthl 88 RPJPRlCH And..... M, Joltph 4A R11M1NSICI Carolln. IA Jo""ph ...d Chri,ttn. RamUI II 0 W. Slalttnlh 51...1 N.... Cumb.rland, PA 17070 77<4-8221 Iltborlh IItlprich II' Fln..nlh SI...1 N.... Cumb.rl...d, PA 17070 770.20'0 Vlnctnland JII/I1I. Rumln,1d If II Chalham Road Camp Hili, PA 17011 157.0281 RANNm(, Kyt.7A RP.'1RT A~ AI....drta M, Tyttr 4A, B.Y.W. J....ca 78, JOltph 68, IlVlll M, Trtnl KPM AlllOn '^ J.lI'rey and CoII..n Rann.y 1101 Wlllo", Road G....ry ...d Suun IIttetar Mart. R)'lIII-Kerr Camp Hili, PA 17011 Ion Snrthmo,. Road 1612 Ltlch....rlh Road 971.04f6 N.", CUmbtrl...d, P^ 17070 Camp Hili, PA 17011 774.7288 157.1J7J II4UK. Krill fA R1V1!R1\, Canida 2C SANTA UARlI\, JOltph 6A Robrrt and Sh.on Rapak Lull and Ana Rlvora-ToYlt Carm.n and Donna Santa Mari. 611 Iltlnho..., Road 91 G,..nwood DrlW! 1141 Suaqu.hanna T,1l1 71 Donn. 1lI1'", PA 11519 N.... Cumbrrland, PA 17070 Yo,k. P^ 17~02 938.81 40 9'8-4120 2'''''226 IIf.4D. MacKenll. 18 ROGIIR'II, Sara 4^, IlIlln. I^ SAVlDc.P. Kaldyn 78, Mark fA, ErIc 48, ErIn IC LtOIl lItad Kathryn Rogtn III South Rl~r SIr..1 921-<: Boll.r Avonu. Donlld and Ann Savld&< Worml.yabu,., PA 1704' Ltmoyn., PA 1704' '61 Wallon SIr..1 730-609' "0.3707 Ltmoyne, PA 1704' 77...77H RPJNPrlCPD Parke, '^ IICOl!, Jacquttyn M ~r.Rn.IAII'P Samanlh.P3 Suann. Roh,bl"lh Ktvln ad Mari. Roof Ho....,d ..d Mary Ann Schltlhluf 24 Southmonl Drtvo 922 Ltwtlbrrry Road 6137 Haymarktl Way Enol., PA 17021 Ltwtlbtrry, PA 17H9 Mecbanlcabu,.. PA 170ff 732.1020 932.17 2' 697-')088 RIlIPRlCH Aaron 7A BCS5l. MIchael I C SCHOPMAN, Kalh.rtn. IC Jtff and Mary Rtlprlch 2461 G,..d Vi.... York Havon, PA In70 938.9349 8,.nda Roul , Holly Drtvo N.", Cumb.rland, PA 17070 774..0'" G.rry and Joann Schopman J7 Wlndao, Way Camp Hili, PA 17011 7'2..0161 IIIVI!IL\ Amllt, KA2 R1rnol.PH, AlllOn KA2 SCHlRnp~ Julian P4A John Iud Mllagrol RlY<!ra 21 Pm'.. Ulac Drt.. IlII.rs, PA Inl9 9'8.9473 William and Iltlh RudOlph 911 Ctda" Ro.d Ltwt,b.rry, PA 17339 79f.8319 Zoe Schuld., 'U Sho"'.,1 SI,..I Harrtlbu,., PA 17104 234.2269 sc:HVIAR'T'7PR John 18, I.ou.. 2A SHHTrLI!. Jord... 711, Tr.\'III 'A !llUlnl Tyt.r III ThomM Sch_lz.r and Joycr Wild.. 17 26 Iltdll.y Drt~ N.... Cumbtrland, PA 17070 774-4J6J Rick ...d Gmldln. Shrttl. 180 Chu,ch Road IlUm, PA 17H9 9'8.1f94 And,.... and J.ulaI Smith 7J VIIIIIF Road Illlm, PA 17H9 9'8.1761 lIGRlGNrv J Sptnct, KPM S1nprK CoII..n KPM !CPA( n n"~lt:f Erin 28 G.rold and Marta Spipoll 614 IltU. Vllta Drtvo EnOII, PA 17021 7!2.7761 OMd ad Jan.1 Sldtck '8~ IlqUUl Drtvo Camp Hili, PA 17011 774.8~96 JUlUn and Mlcbd. Spauldln. 261 De.rlleld Road Camp HlJI. PA 17011 150.Q42J SHAN!(, J...,ln. 10, Tallanl P4P !UuunNS NIIdd 6A SPISHnnc SInh 2C, P.mlly P3 J.nnlf.r KrnloSbank 10 Ch.yenn. Road Vork H_n, PA m70 266-2019 Loull and Joan Slmmonl 4910 Jadl. DrlW! "amlbu,., PA 17112 612.17" Dmd ad Ann Spllhock 148 V.llo", o...ch.. Dri.. Camp HlJI, PA 17011 76'.969' SHATTO Sarah 88, l..lab 68 !UTI JIll Sua KAI SPMlNC':P.R Tasla 80 Ornnll and SUIIn Shallo 128 Umtldln Road N.... Cumb.rland. PA 17070 774-4966 G,r..ry and Kar.n Sill., 7J I'oquoll Troll Yo,k H.~n, PA 17)70 266-9186 Tracy and nna Sprtnlfr 209 1/2 Reno SI,..I N.", Cumbtrland, PA 17070 77...1671 SIWI!. Krtlh 2C surm, Jaml. '0 STAOIrn1IIAK. Sarah 88, Rachel 6A MaxIn. Du.y J.fI'r.y and Kar.n Smllh J2' North Sccend SIr..1 629 Ltwtlbrrry Road John and Mlchd. Stachowiak Worml.yabur., PA 17011 N.", Cumbrrland, PA 17070 701 Ore",,1 Hills Blvd. 612.9712 9'8.1274 N.... Cumberland, PA 17070 77...7242 UfPPI VI Nolan I(,U !llurm, Undaay KPM 51EIH. !!J.n. 8A, KlIII.n 3C Rolltrtand Toni Sh.e1y U.. Smllh Gary ad Hd.n SI.ln J8 Sb.rwood a,d. 721 Boll., Avonu. 19 Wobum Abbty A~nu. Enola, PA 17021 Ltmoyne, PA 1704' Camp Hili, PA 17011 7)2.7717 7H.9J21 SHl!NOY, Kllnta 2C, Vlkram P4A SPIRI(n, David 18 S'I11JNMPJPA Lyn Ann 2C Vllhnudlla ...d Ltrna Sh.noy 202 Court Suw Api. 14 Jlorrtsbur., PA 17104 236-46H David and Palrid. Splrko 902 Orandl A..nu. N.", Cumb.,land, PA 17070 774.16JJ Donald lUId Unda SI.lnmtl.r 1829 !!Jm SI,..I N.... Cumbrrland, PA 17070 774-0484 ~ Candact 20 lITIIOlISJ!, Eric fA, J.nnlf., 2C TONlnt.A C.n P4P ~nnClh and Anloln.lI. SI.pp 40BJ S...a1 Avonu. Ump Hili, PA 17011 "7-9991 Joseph and Mary I'll SUOUIt 671 S...d Spu, Drtvo 1lI1tn, PA IH19 938.37 29 Ch.ryI Tonlol. 20 lI.rlzda1. Drtv. Camp 1111I, PA 17011 737.1228 511fE. Anae1a fB, Mlchltl 2B D'AI. Kytt fA TOanllA. Anlonlo 1A 081. IOd Mariu Slip< 20 o..rfldd Road Ump HIli, PA 17011 761-7494 Harry and J....n. MlddI.b,ook II Southmonl Drlvo Enol., PA 17021 728.01 " Thom.. and Wlnon. Torchll 207 IIl11er'll Drlvt N.... Cumb.,I...d. PA 17070 9'8.179' S]YY'KOA'~ Oriltany KA2 TARA.'ll~ Artan. IA TREVINO, Rodrl.. JC, Jose IA Aim.. Slockd81. 414 Mtadow Drtvo Camp 11111. PA 17011 " 1.7244 IlIlln.Tansl 1044 Country Oub Road Camp Hili. PA 17011 971.2691 Rod and Michel. T,.vino 1802 Ltlch....'lh Drlvt Camp Hili, PA 17011 ,,0-0 JJ7 STOP"'" PR Mlch.e1'O IABE. AI.u IB TRlUUP.R Tar. 6A, CoII..n 4^, Klnl.n 2B M1chatl and 00"" SIO.me, Mtlllll& Tar. 160 J Sh..pfo,d Road 4'4 00'.' Road Ilrtc and Kalhl..n Trtmm., M.chonlc:sbu,., PA 17011 1!1Itn. Pi\ 17J19 67~ Sand Spur Drtvt ''704l1J 932.2494 Illltrl, PA 17H9 932.2176 STOI!Y, T,avl. KAI 'I1!MPP..RATO, Nichol. 2C TROt rr, Christoph., fA, J.sslca 18 M1ch..1 and Calhl..n Sloey Ro..Ann T.mp<nlo 81 lit..., Drt.. U 2 Crtcktl Lan. G.ary ...d Su... T,oul York H...n, PA In70 Camp Hili, PA 17011 707 Rlda< Road 938.3024 761.1419 Ltwtlb.rry, PA 17339 938-4442 STORCH Tyt., 4B, Aaron KAt 'IlInUPSON, Ivy 6A nJRBY, M.... Ie, David KAI John Ind Marga"1 Slo,ch Bill Thompson Sh.rrt Tu,by "0 Yocumtown Road '2' Carol SIr..1 69 ~nsln"on Drlvc BU.n, PA 17H9 N.... Cumb.r1and, PA 17070 Camp HIli, PA 17011 932.1738 77...1584 97f.2780 STOIlDT, Tiffany 8A TOI.OMPLl, V..lo, 18 UHRICH, Tlmolhy 60, Car. I^ Fr...k and Unda Slnudl H 8 Sprue. Strt.1 MaryIYIII., PA 170H 917.3213 Vlclor and 01... Tolom.o HI Ma,lIngal. Drtvo Camp 11111, PA 17011 770-1666 Thom.. ...d Vvonn. Uhrich 20 Gr..n Lan. Drtvo Camp 11111, P^ 17011 737.J490 I..Ilaf. Audr.y 10 V1TMR Chri'lopher 'C \lIPSI1!NRPRr:p~ KaU. 48 Robtrtllld Dortl Ullh 1000 G...n 51,..1 HIrTl.bur., PA 17102 2J2.0666 Loull and Ann Mart. Vlllor 227 Orchllrd Rolli N.... Cumb.rland, PA 17070 774-40H MlchKI and Ann WUI.nbrrll'r 141 Vdlo", 8r..chu Dri~ Camp 11111, PA 17011 761.7678 VArCUIANQ, Mary 80 \IIAInOPlpr n T1molhy 811, MlChKI fA WIRTUClRP Carolln. 1A, AutUn 2C William ""d Ann Vacchtano T1molhy and CoII.en WaktAdd 11 3 Ocnyou Lan. ~16 Poplll' Avonu. Ed_d ""d N1n W.tmor. N.", Cumb.rland, PA 17070 N.... Cumb.,land, P^ 17070 1040 Country Quh Road 938-'662 77<4-2694 Camp lilli, PA 17011 157.132' y~ Ch..... ~o \liAr ICPR o.vln 10, Ptyton P4P WHI'1'F., Bobby 6A, ErIc 4^, Annamarie 2C J",," and Mart. V.jda Norm and Jull. Walkt, 411 I!Ihan AII.n Drivo 12' Wart.n SIr.el Bobby and Lydl. WIlli. N.... Cwnb.rland, PA 17070 Ltmoyn., PA 170~' 701 Hilltop Drivt 9'8-9866 77<4-IU8 N.... Cumb.r1""d, PA 17070 774.2638 V AN11NP. Mary 6A, MIlIh.... 4A \liAr InOR Krilloph., IC WILSON, Mlcharl P' John ""d Raphar. V""Un. Tlmolhy ..d Colleen Walke, Mlchotl and Undo WUS<ln 711 Third SIr..1 416 Poplll' ^~nu. 816 Otrby Av.nu. N.", Cumb.rl..d, PA 17070 N.... Cumb.,land, P^ 17070 Camp Hili, PA 17011 774-7674 938.1 f69 774-6001 VPJUIO.'l Ktllty '^ \IIADRP1\l, Ktvln IC, Kallyn P4P wrn:. Btnjamln 48, Carolyn IB Jill Cavan.ugh 1080 Counlry Oub Road Camp 1111I, PA 17011 763.H44 Kevin and Anlld Wart.n 28 Cenl., Dri~ Camp Hili, PA 17011 7JJ.8412 Thom.. and Annamari. Will 267 Carol Str..1 N.... Cumbt,l..d, PA 17070 774.om VPDArWICV, Sarah KA2 \1II!GRZYNI~ Undsty 8A, "'ultn 60 YANAC"PX' ChrisUnt 78, Kath.rin Mary Jo V.rbo.1cy BO Ilall.y Slu.1 N.... Cumb.rlond, P^ 17070 77Q.0683 JIIll" ond Mari.. W....ynlok 406 Popl., ^~nue Nt... Cumbtrland, PA 17070 774.2979 Robrrl and 01... V....tk Quarltn :z..2, Edson Drivt Mtchanlabu,., PA 170H 796-1971 ~ Ktl..y KAI WERTZ, Carla 7 A, J"..ph 3C YANI~ Usa 80 Mary Ann V.rm.ul.n 'Of Apt. G Ro.. Avtnu. N.... Cumb.,land, P^ 17070 774-4f09 Joltph and Cath.rin. W.,.. 106 Appaloo.. W.Y Etl..., P^ 17319 938.1981 Lout.. Yanick 219 Geary Av.nut N.... Cumb.,I..d, PA 17070 770.0669 .1.1;' iJ7 l'~t'~l:3 O'~:.':~ '/171 ...... <I~-, III: I h.n ~ H' t.. r F~I~l~ 01 . II (iUIOAN(E ASSOClATfS _== OF J PENNSYL VANIA ( amp tlill' I~ ", 7Jl.l"17 - H~,\hn: '717: S))."Jll ('.rll.I., /7171 24S.U89 l hamb't1burB' (717) 26:l.'JJ9l fAX,I11717J2-SJ75 ~ ^'lAIN OFF.n 412 (,ford Road (Imp Hili, 1''' 17011 Stanl,y E, Schn,idfr, Ed.D, Olrrclo, July 7, 1998 OiJry L. Kelley, Et;Qulro 132.134 Walnut Street Harrisburg, PA 17101 RE: Murphy v Clint! Cumberldnd Counly COllrl ot COOlmon PltHls No, 94 7223 In custody Dear Mr. Kelley: As you know, JackyAnn Cline ask~d ltldl I update my CU!'>IOUy CVillLJdtion Of 1995. I mat with Jacky, Jl)sl;Iph, Kwinil iJ,lCky's d.1Ulltlter frl1Jll il prCVIOlJS rlllllllOFl~hlpl, and administered a number ot cuStOdy.rolatcd instn,ml1nt5 tel JOllY, age: " ., when seen with Ills tather and mother on sClPnraW OCC;')!;IOns. I revlewlld the background in thl~ matter with the sp'lclflC '0(;1.15 on h,(;h of the parent's concerns and issues as It relates 10 Iheir son. Jo'~y In December, 1994, Mr. Murphy tiled a petillon tor custody expressing his .;vn.;(,rn about JaCky leaving the relationship and removing Joey from hi~ care and Int1ilcnr:e. Iwelvc months prior to lhat Jacky leftlJuly, 1994). During thll cO~lrsc of '''y p.vallliJt,on in 1995, Jacky did indiC3te tho' Jro- etlJmlts with their son but e'~"":;slld concerns about his sharI fuse and rhe lact lhat he did nOI r,'spVCl hlJr w,stltl~. She w'.nlt.1d Joe 10 attend parenting and anger management clas~es. I issued my report in May 1995 lInd a cU~lody hearing was hel., the fOIIOWII1~ August. The Honorable Edgar B. Bayley iSSued an order eSlolrll,<;11Jlg shilred le~31 cuslody, primary physical Cllslody wllh mom and a lempOrary piHtl~1 ,:u~tody Wilt) the father. This consisted of every other weekend from FMiI',' thf')ugh MClnday and Wednesday overnights as well as a Chrislmas and summer i!>cneuiJlo. In May, 1996, Jacky relurned to Joe and, although il WiJS rOl.:ky and unstable, remained wilh him unlil the contlict between lhem !";caI3tod .in lhe October/November 1997 time frame, Basicdlly the\' ignored tho CUStOdy order of August, 1995, engaging In a co,prllenting arrangement. Mr. Murphy has nOI worked since Septernbilr. 1996 becill/r,f! of a \Vork r~ldt"'lI dlsabilil'(, He has belln home as a full'lime farher ano fllnr:tlonlr'(J as .~ pllmary r.drll-tok,ng parllnt. Because or lhe escalating confhc.;t. Mr. Murptly til('d , pOlitiO!) III Seplember. 1997 to modify cllstody in order to mainlaln hiS sta"l~ (h p"rTIary phYSical custodian. In parr. his pfltition !lilY~ that lhE! rnoth'J( " has ex'"bltt-.j errallC, unpredictable, harassing and vlolenl b'!havior ". He (1\ "",ld d wtlli'l\lnes~ DEFENDANT'S EXHIBIT '07/07/1998 09:28 71 773'':':1 j 715 l~lU1[I':'\IV.E ~'>fll.l~.It. F'~(lE I.'': "'lurphy v ClinG Paele 2 to fostef flexible rights 01 partial custody for tho benefit of Joey. 111 Dlfcember of 1997 a custody conciliation Il;d to a court order of Dcc.;rntHH 16, 1997. This modified the court order of the prior month which c5tablishwd thc father as primary custodian and basically reversed the partial cu~tody schedulu wllll the mother. Mother's time was expanded in Decemher. 1997. In addition to reviewing the ploadings and orders rtllo1tn(J to the custody, I reviewed the PFA t,istory hetweon the partie~ By Novernhnr, 189/, the ClJurt had granted Mr. Murphy's petition lor temporary custody. He WcHltl:!J to keep Joey HI his current residenco and maintain his current ~oclill n~twork arHj acadllmlc placement. F'inally. I reviewed correspondence relaTed TO rl<lmll~rlC relations Ilnd child supporT as well as Joey'~ report card. He recently cornpletl:ld tho first grade at St, Catherine's, I met with Jacky on December 19, 1997, December 30, , 997, und March 2, 1998. at which lime I alSt) interviewed Kouina Jilcky \1\;,15 adnllnlstl:'rt!d tile MMPI.2, I met wiTh Mr. Murphy on January 20. 1998, and April 15. 1998. HI! was adminiSTered the MCMIIfI. Joey was seen With hOTh parents on separato oc('asions. On March 6. 1998. a parent/child observation was conducted blltween Joey anti his larhN On April 3. when accompanied hy his lather. Joey comploted the Ari..kl,n PI~rcer!lial Scales. Child Custody QueSTionnaire, and KinllTic Family Drawing. J..l\;ky hrought him In on April 24, 1998, at which time Joey completed Parent ReptJrt Cards. Sl'ntence Completion Tests, Perceptions of Relationstlips Tc~t ano a paron!!child observation was conducted as well. Jacky wishes to regain primary physical CUSTody 01 .Jo!'!y She l:'XpresseJ concerns that "".h8'lllearn to haTe me... how to con pt!opl., .1ntl 110W to I:{>... Just like Nikki, Joe's daughter from his lirst marriage". She cxprt!s~'lCj COnCllrrlS about Joey nOT adopting appropriate. morals or an effeCTive value sY5tem. She relerred to Nikki abusing alcohol, having a nUl, Ilnd her relationship5 with rnall~s. She expressed concern abolJT Nikki being raised with few rulr6 ilnd engaging in behaviors which could be potentially detrimental to hElr. Since Joey has been in his lather's primary custody, Jacky has noted an increase in his hostil~, negativistiC, opposiTional and unacceptdble behaviors such as STealing and lying She 11Irther believes that Mr. Murphy IS negatively influencing Joey against her and engaging In behaViors she describee) as alienating The best example she \Jsed was NiKki's behavior. Once ilgain, she expresses concern about Nikki's being sexually active. ahuse of alcohol, ev,dencp. of hE:'r being personally Irresponsible and re';pectful, exposure and U5C 01 pornography and II poor history of academiC and schola~tic perlormance. She Q\lestions Mr. Murphy as being too permissive and somebOdy who did not discipline Nikki. Jacky's perspective regarding what hilppMCd TO the rplo1liC'll1~hir is SOnlp.whaT different from Joe'l;. She describes their gotling :Ilong wull ""(0( her rerurn tn his home In May, 1996. It seems that a reocclIrring InclIS 01 Co(\stt~rnation wns Nikki 07/07/1998 09:28 7177j2~',j7'5 ';1.1 I['~ 1':( ,,""'.1) 1..1l;., p,.:.t',r. 0) Murphy v Cline PaQO 3 Jecky indicates that she "took care of him IMr. Mur~hyl ,1nd mJdll SlH~ rhll kirJ~ visited him while he WitS In the hospital", This was aftirnwo by Jut? A~ noted, I saw the parTies shortly after The esr:all:ltion In thrlt( rlllJtlOI)/ihlp With the passage ot time, end by March. Jdcky expressed ',oncern ilt-Ollt JOI!'S behavior regarding Kittrina. She alleges that he conta<,;!''') K<Jlrlf\,\'S' s(.'l1oo! describing her CIS 8 troublemaker and presenterJ sd\Ool pers(,nnel With a falSI! picture of this youngsTer, She was most concerned that Jou was our tu hurt her 8S well as Katrlna. I spOke with KaTnna She was meeting With a s<.;hool counselor. She had two detentions tor minor incidents s\Jch us ro:lsp<,;l1dlr,g TO a nOTe passed In class and missing an assignmenT. Thurl:! did not appc~r to be any major Issues regarding Katrina or her adjustment. It was clear that Jacky was very upseT regarding what h,)d h~ppened concerning the PFA and a change in custody. ResultS ot her personilhty Irvantory by t~le and of December rellected her Illvel of dl~tr9sS ::;Ill! endorsed items believing that oTher people were trying to harm her. that her tllinklng and tlt/havlor could be controlled, and some 01 tler responses reflecled fetlllngs of unreality Consistent with Theso findings ware her presentations during my interviews, Hel speech was pressured and somewhaT tangenTial. She hild ditllClJlty. at Times. staying focused with her having some problems being gOdl.dill!(;ted. ThiS stlemed to abate as Time progressed and was not noted in my contact Wlttl her In March. It appears that Joe knows how to gAt certain responses and reaCTions from Jacky end Is very successful in "pushing her buttons". Joe denies asking Jacky to move back In May of 1996 . He nCites the relationship not working efter a few days Unfortunately, he got Injured aT work and has been receiving treiltment on/off from that timo lJnlir spring, 1998, for sequelae related to the inJury. By September, 1997, The effects ot tll~ in,vry as well as the relationship with Jacky were "pretty bad", Joe believes that Jacky needs help to deal WiTh a number "f issues, He wanTS her to reorder her priorities and focus on parenting, questions her <llcOtlOl use, misuse and, perhaps. abusll. hll( use of protanity, queSTions her Judgment and mentions her experiencing "mood changes". Joey began kindergarten In September, 1996. As ,a rl!sult of IllS disability, Joe has been at home as 9 full-time paront and has been highly 1/wolved in Joeys schooling, SChool. relaTed activities, as well as Crlrnmulllty.b<l::it:lO sports. He functioned itS an assistant coach to Joey's T.ball team He Wlstll:!S 10 maintain primary custody for Joey. His concerns regarding .Joey's reaCllon:; tu the cwrent custody schedule are that Joey is tired, that Jacky does not apparently look In Joey's bookbag to check out the c~\Ild's homework. schf!dule. (;omnlltrn<Jnts, ilnd responsibilities, Finally, Joe notes a concern abOuT Jacky not taking Joey to church on her weekends. He believes It's best for Joey to "stny at rny placu" citing The "nice neighborhood. kids, ilnd good school ilnd not b!:!ing exposoo to hN language". Should he remain pllmary physical CUSTodian, he would support every other week~nd and "I'll give her a Wednesday" indicating that he would promote a partial phYSical custody With Jacky That was awarded to tllfn In 199b flJsically, he would f1lp.f1op that scherlule 07/07/1338 0~::8 7177n'537'5 1~IUlrl....II(1:.. H';":,I).- 110, H ' h;'1 ~1E. I)..s Murphy v Cline P~09 4 II ~ When esked about Katrlna, Katrlna's rlllatlonshll) with JOt1y ,~n(j how J,acky, functioned as Katrlna's primary parent, Joo Indicated thai Shl! I'; dOing 0111 right attributing this not to Jacky blJt to KBrrino's ~pendlng "8090% (If thl! tmlll with her (maternal) grandmother..," whom he then describes liS Sp'JII'"1j Kalmlll He seems most sincere In wanting to prevent JOllY from Jacky's prCJldMY, her abuse of alcohol. and his belief that she is not really concerned about parenting but IS more focused on having a good time, Joe seems somewhat unaware and may lack insight conc.1rnlng the eflects on Joey of the sudden separation from Katrlna . who Joey has lived with hiS entire life, The current schedule does allow them to be with each other a bit rnCJre than the initial separation period. However, Joe's preference regiJldlllg partial custody, Should be remain primary custodian, feflects a lack of insight re\.lJrrjlllg wn,)t mlghl be in Joey's best Interest In the sibship. Results of Joe's personality inventory suggest that hu 1'.15 tr~lrs rf!fllletlng hIS being self. centered and exploltive In his relalionshil)S with others. H~ presents himself in a very obvious, blatant and selt.dramatizing mann~r. Vl1rbally, he attempts to present himself as very open end honest; hOINll'-lllr, the inventory suggests a low self. revealing inclination and defensiveness. Ht1 se~ms 10 want to present a socially acceptable eppearance and resIsts adnlll!lPU personal shortcomings, Jacky's Inventory clearly reflected a period at hlgtlly charged and emotional distress; Joe's protile reflects more enduring p~rson<1llr'l traits suggeSting ho may do things for his own benefit. This 15 retlllClljd In hiS nOI presenting an awareness as to the impact on Joey and ttle history of thiS youngster's close involvement with his mother and sister, Onl! ImpreSSion I get from ;Joe Is that he needs to "win" this custody action. Joey was administered a number of custody related instrWlll!nts whlln seen With his parents on different occasions. The findings Indicate, With some consistency from March ItlrlHlqh lhl! end ot April, 1998, that he views his parents as equally able to meet hIS Vital needs There were no items on which he rated his father neg,ltIvely. Hu rl:!J,)orlild that hiS mother Is sometimes not in a gooo mood. He reported that he got alonq worse with Ilis mother because "she yells at me sometimes", He lhen st8tl:lO, however, that "when she yells at me she doesn't mean it". Joey reported that both pilrents will spank but noted that his father will also use the "1.2.3 MagiC'" pr')ClIdure, Projective measures reflected a closer, pefhaps mOfe affectlonato rl!liilllOnshlp Wittl his father versus his mother. However, the drawings and responses also indicate that Joey has needs for maternal affection and atlentio" and, clJrrnntly. hu seems to be experiencing feelings of anxiety and apprehension, The two parent/child observations reflected that Mr. Murphy spoke !Jositively toward Joey and offered frequent positive feedback. There wart", limes wilen Joey yelled rather loudly at his falher apparently because he didn't tlllnk his dad heard or understood him. Joe mildly reprimanded Joey when lhese occurred . 07,';17/1'3'3:3 IB;'~8 ~ 17 " j:'~., )71) ':~IIC'~I'-r .":";..I).l..[f'. . Murphy v Cline FA':1E 1)'5 PIIQIt 6 The second oburvatlon Included Jacky, K~trlna ill\d JOllY On thl~ ()(,G<l:lllll\ JOllY W8$ sOrTIewhallTlore Irritable and "whiny, He plliYNl IIIt)r,) by hlm$olt. At times. he was rather dillresplIctful tOWlIrd his mother, On ant! rl~~r.OSlon he laid hur to ~shut up. when she was conversing with Klltrlflil HlIr response was IPproprlete, Joey's flrSI grade report ClIrd noted some improvoment lJllPCCiCllly 111 his orill reading skill, Mr, Murphy takes cfedit for thiS and, indoutl, moy t1t1serve Sanll.!, There Is a noted Improvement in Joey's ability to demc)l1~trilte with 60lT1e consistency baSIC vocabulary end other langUAge arls skill:. such ilS V\ "'Ing complete sentences, There was also a not8d Improvement III Joey's chClraCler development from the lIecond through the end of the school ye3r, These are 111 areas such S:\ ecc8pllng rtlsponslbOlty lor his actions. p.'i1t,;liring self.control, Observing school rules and respecting property, respect for adulls. i'lI,d worklnq coopllfatTvely, Although both parents. for their Clwn reasons, do not like the current custodial arrangemont, it appears that Joey's report c~rd reflecTS an improvement both academically as well 8S personally/emotionally. However, there Is a nClted Increase In his verbal negativity toward his mother. Based on interview data, rocord review, background information. test tindlngs. as well as Indicators In the custody related Instruments, I arn rucummMdlrlg thell Joey spend additional time wilh his mother and IIIStflr. ThiS 5Mould ta~e tM forln of an equally shared physical cuslodial arrangement. Joey IS acting' out and thll projecllve 'Indlngll reflect a need for more malern!1 ilttention, His relationship Wllh Katrinll hes been reduced by virtue of Joe's petition which n1Clde no rllterllnce to or expressed concern about the child's separation from her. I am concMncd aboul Joe's apparent insensitivity to his son's need tor hiS mother, If luft 10 his own devices. he would apperently restrict the existing custodial schedule further and basically support what he was awarded In 1995. Jacky t1d::i. by hl!lTOry ilnd by agreement of both partills, promoted Joey's relationship With tll~ fa:her. fhere IS no evidence whatsoever that she has behaved in anyway other tMar. pOSitiVI! concerning what is In her son's Interest. She has raised Katrina Willi and, by history, WilS also JOllY'S prlmMy parent Joe reports attending parenting classes, His being available hIll lime seerns to be benefitting Joey. With the current separation, porhaps Jacky and J('JP can foclJS on what rs in their son's bAst Interest and function as parent~ l!VIH\ thuugh their "ersonal relationship is apPllrently beyond repair. Respectfully. ~,J€~2..Q Stanley E. Schneider, Ed.U, R,C.E. Psychologist RegislereCl Cuslody (valu.Jlo, SES/cs ,- (" CUSTODY EV ALUA TIO, . Re: Murphy V, Cline Page 3 Jackyann did state har goal as wantln~ to remain the primary caretaking parant, but ensura that ~Joey knows his dad, Sha would like Joe Sr, to attend parantlng classes and work on anger management, An additional major Issue which emerged was her desire not to have Nicole alone with Joey, Joe 51', Is desirous of becoming the primary physical custodian. He related . ') that he Initially consulted with an attorney In January 1994 to explore custody, I ." " He seemed somewhat confused regarding the con carns raised by Jackyann and ., denies giving Nicole the special status that Jacky perceives, Regarding discipline, he admitted smacking Joey when the child bit somebody, He stated that he has never hit the child In the face and "never lost control", He seems somewhat befuddled regarding why .Jacky has precluded his having open access to Joey, He feels that Jacky has made up some of the Issues and qlJestlons their origin and source, He agrees that the relationship between himself and Jacky began to "sour right before Joey was born", Joe related that his oblectlve Is to be actively Involved In his son's development. He did not have the op,portunlty to be as Involved as he wished regarding his daughter's life, saying' I missed the whole shooting match with Nlcore", If he Is awarded custody, he stated that he would "be very liberal" In promoting contact between mother and son, Finally, Joe raised concerns about Jacky's alleged use of diet pills and possibly liquids which contained alcohol. This was explored with Jacky and seems unfounded. E!oth parents agree that the current visitation schedule Is working. In my contact with Jacky, she related that she did not know how Nicole was reletlng to Joey most recently, The findings Indicate that Jacky, as primary custodian, assumes responsibility for exposing Joey to his religious orientation in addition to the normal responsibilities related to medical and dental care. Joe apparently takes his son for haircuts, As the evaluation process continued, It appeared that the Issues between the parents were less focused on their son and more to do with other aspects of their divorce settlement, Nicole was seen on March 8, 1995, At the time, she was a senior at Cedar Cliff High School working p3rt time In a daycare center, a position she had held for two years without Incident. She relates being college bound' with a proposed major In early childhood education, She recalls the relationship initially between herself and Jacky as being "strained", Nicole presents as a mature, aware, responsible young woman, who Is working, related having a boyfriend and seems somewhat befuddled regarding why Jacky was reacting as she had historically regarding Nicole's relationship with Joey. Results of the data collected from Joey Is as follows. Joseph Murphy, Jr. was seen for two evaluation sessions. On February 1 0, 1 995, Joey was accompanied by his father and his father's daughter, Nicole, On CUSTODY EVALUATlC. Re: Murphy V. Cline Page 4 March 18, 1995, Joey waJ accompanied by his mother, Jockyann, The same methods of evaluation were utilized on both occasions, Due to Joey's age, attempts to use such Instruments as the Child Custody Questionnaire and Sentence Completion. Test proved unsuccessful, As noted, during both evaluation sessions, a Parent-Child Observation was conducted, On the first occasion, Joey was observed to be engaged In some ectlvlty with his father, elone, about 37% of the time, 36% of the time, Joey played with Nicole exclusively, An additional 7% of the time Joey engaged In some activity with both his father and Nicole simultaneously, thus, during about 80% of the observation, Joey was actively engaged with one or both adults, The remaining time, he was observed to play solitarily. Further, both adults were quite active In attempting to engage Joey In some type of interaction, attempting to gain his attention at least once every two minutes of the average, Similarly, Joey was equally active In seeking the attention of the adults, again averaging at least once every two minutes, He attempted to obtain ~,Is father's attention about twice as frequently es he sought Nicole's, Very little time elapsed without the family Interacting In some way, With his father, Joey's play primarily Involved active physical activity, primarily wrestling, His Interaction with Nicole seemed to be somewhat more subdued as they played with various games and toys. Conversely, at times, Joey's play with his father became somewhat boisterous. In general, his compliance with his father's directions was not easily obtained, As an Illustration, at one point, Joey and his father were tossing a foam baseball back and forth, where Joey began to purposefully throw the baIT at a picture on a wall. At least three times, his father directed Joey to cease, but he continued, At this point, his father told Joey he was done playing ball; however, after about twemy seconds, they returned to playing ball. In general, his father achieved Joey's compliance less that 60% of the time, and usually, only after raising his vOice significantly. Joey was considerably less active and more subdued during the second Parent-Child Observation Involving his mother, There were no instances of more boisterous play; rather Joey seemed to play more quietly with various toys. About 79% of the time he did play with his mother. 21 % of the time, Joey played alone. He seemed less active In seeking his mother's attention, with this happening only once evary ten minutes, It should be noted, however, that his mother reported that Joey had recently been sick and at one point during the observation, he did ask his mother If he could stay with her the rest of fhe day (the observation occurred during his father's visitation weekend), Nevertheless, again compliance was not readily attained and Joey responded to less than 60% of his mother's directions, The Parent-Child Pre-Assessment was administered during both evaluation sessions, and in general, both parents seemed equally knowledgeable about Joey. In general they also both agreed In terms of Joey's routine as well as likes and dislikes. For instance, they both reported that Joey Is currently unable to fall asleep alone, His mother reported that Joey sleeps soundlv through the night while his father noted that he awakens him at least once dUllng the night to use the bathroom. Both parents reported that Joey generally eats well and can feed himself edequately using e spoon and fork, , . CUSTODY EV ALUA TIO Re: Murphy V, Cllml Page 5 As noted, additional Instruments were attempted on both occasions, Including the Sentence Completion Test and the Child Custody Questionnaire, Joey olten provided nonsensIcal and unintelligible responses on these Instruments; nevertheless, some of his answers were noteworthy, They appear to suggest that Joey witnessed, 01' at least was made aware aI, altercations between his parents, As an example. on the Sentence Completion Test, when given the sentence stem "The thing I like least about Dad is ....' , Joey responded "Daddy was yelling at the house; Mommy was yl3l1ing; Nicki broke Mom o~gcJ.'I&UP", On a later Item, when given the stem "At nor,l . ...., Joey answered "because Mommy called the cops". When given the stem "jl I could change one thing about home, It would be...", Joey answered "somebody broke the mirror". Due to Joey's difficulties responding appropriately to other Instruments, the PORT was utilized during both evaluation sessions to sample his perceptions of his parents. In general, he appeared to ;Jert;eive his father'somewhat morod posltiva!~', For InstancO:!, when given a picture of a dog sitting between tWO doghouses, one labeled "Mom" and the other "Dad", during both evaluation sessions, Joey indicated the dog wanted to go to the house labeled "Dad", Similarly. when shown a picture of twO dogs asleep and dreaming, one of a father and the other of a mother, Joey Indicted that the dream about the father was the more pleasant or nicer. When given drawing pages with figures representing his father and/or his mother. and asked to draw himself on the fage, Joey placed himself closer to the figure representing his father on two 0 four occasions, On the other twO examples, he drew himself closer to the figure representing his mother. In general. the results of this evaluation suggest that Joey perceives his father somewhat more positively than his mother, but not dramatically, He was certainly much more active and boisterous when with his father, while more quiet and subdued with his mother. He clearly spent the majority of each Parent-Child Observation actively engaged with his parents, and his half-sister, or seeking their attention. Both parents, however, clearly seemed to experience difficulty galfling compliance with their directions. Joey also seemed to allude to witnessing, or at least being made aware of, altercations betwel3n his parents, In \:leneral, the results of this evaluation reveal no major differences in Joey's perceptions of his parents, with. his .,father seeming to be slightly favored. Although more subdued with 'Is-mother," both parents seemed to have f,!qual difficulty attaining compliance. Based solely on thf,!se results, neither parent presents as significantly superior to other In terms of parental competence. In contrast, both may ben~fit from exposure to <' parenting course, particularly one emphasizing appropriate and eflective discipline and follow-throuyn techniques. The findings obtained from the adults indicate that Joe Sr, could use some additional education regarding child management techniques. Relative to each other. I believe that Jacky's parenting style with Joey is more appropriate, She seems more relaxed since the conflict and strain between her and Joe Sr. has been relieved as a result of the separation. Joey seems to be doing well in her primary custody and there Is no reason to modify that, !\1 Riegler. Shienvold "\Ill & Associates Elliot Ricglc!', Ph.D. Arnold T. Shicllvold. Ph.D. ~klil\lla 1'II,h. M.S. Wuync Trollll, M.S. Jlllnc' W. EII,h, I..S. W. Michacl J. A,kcn. I'h.l>. BUllllie Huwaru. I'h.l>. Amy K. Kcblill~, A.C.S.w.. I..S.W. GIIYIc SicchillllHl. M.S. Dun!.u"rcnc".I..S.w. CUSTODY EVALUATION Jackyann Cline v. Joseph P. Murphy Refarred by: Ms. Barbara Sumple.Sulllvan, Esquire, attorney for Joseph P. Murphy, Sr. Referral reason: To perform a custody evaluation and to make recommendations regarding the most appropriate custodial arrangements for Joseph Patrick Murphy, Jr., date of birth January 13, 1991 Individual Interviews: Joseph P. Murphy, Sr. Jackyann Cline Josepll P. Murphy, Jr. Nicole Murphy Katrina Cline 3 hours 3 hours approx. 1.5 hours 1 hour 1 hour Psychological testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2)- Joseph Murphy, Sr., Jackyann Cline Bricklin Perceptual Scale--Joseph Murphy, Jr. ParenVchild interaction: Each parent was observed interacting with Joey within the office setting. Home observations: Home studies were conducted at each of the parent's residences. Other Information: 1) Records from SI. Theresa School in New Cumberland regarding Joey's achievement and behavior in that setting. The documents included a reading skills test from May of 1997, Joey's first grade report card and comments, and Joey's kindergarten progress report. Also, a progress report from October 31, 1997 was reviewed. 2) Verbal feedback from Ms. Patricia Duff from SI. Theresa School. Ms. Duff is in charge of the C.C.D. program. 3) Custody evaluation dated May 16, 1995 performed by Dr. Stanley Schneider. 4) Order of Court of Court of Common Pleas of Cumberland County dated August 23, 1995. I PLAINTIFF'S EXHIBIT Fax: (717) 540-141 () . (7171 5.10. \31.1 . 2151 l.in~.'k'I"\\ n I{""d. Suill' 200' II"rri,lllll'\!. I'cllllwlvallia 17110 , . Page 2 RE: Cline v. Murphy 5) Order of Court dated November 3, 1997 from the Court of Common Pleas of Cumberland County regarding tha Protection from Abuse complaint flied by Joseph Murphy, Sr. 6) The petition to modify custody filed by Barbara Sumple- Sullivan for Joseph Murphy, Sr. The recommendations at the conclusion of this report are a result of a careful review of all of these sources of information. BackQround Information Jacky Cline and Joe Murphy met in 1987. After dating for a brief amount of time, they eventually agreed to live with one another. They indicate that the relationship was fairly good between them until Jacky became pregnant with Joey in 1990. After Joey's birth there seemed to be an on-going deterioration in the relationship. In 1994 Joe's ex-wife died and his daughter, Nicole, came to live with him. Jacky and Joey. The introduction of Nicole into the family seemed to put additional strain on the relationship between Jacky and Joe. In November of 1994 they separated for the first time. At that time Joey left with his mother and primary physical custody was granted to Jacky. It was during that time that the first custody evaluation was obtained by Dr. Schneider. Joe was visiting with Joey on an alternating weekend basis and one night per week, overnight. In January of 1996 Jacky and Joe attempted to reconcile their relationship. Jacky returned to Joe's residence with Joey and Katrina. They remained together until the fall of 1997 . At that time Joe obtained a Protection from Abuse Order against Jacky. She agreed to the order and left the residence. Joey remained with his father and temporary custody was granted to Joe pending future evaluation of the situation. Jacky initially lived with friends and then obtained an apartment. She currently has custodial access to Joey on alternating weekends from Friday until Monday. She also has access every Wednesday from after work until Thursday morning for school. On alternate Thursdays preceding Joe's custodial weekend, she has Joey from after work until Friday morning. Joseph Murphy is requesting that the court permanently modify the custody order, making him the primary physical custodian. He feels that .Joey's best interests would be served by remaining in his household the majonty of the time. It is Joe's contention that he has been a stay at home father since May of 1996, At that time he suffered a work related injury and is now on permanent disability from his job due to shoulder and knee problems. He states that because he has been at home, he has Page 3 RE: Cline v. Murphy served as the primary caretaker of Joey since 1996. He states that It has been his responsibility to get Joey ready for school, take him to school, and work with him after school with his homework. He also feels that he has taken on the primary responsibility of Joey's religious educetlon. Since the lime of the separation in the fall, Joe Indicates that he has also been the person who has been primarily responsible for Joey's clothing and meals. He states that he has been involved in Joey's school by being a teacher helper and works with Joey nightly on homework assignments. According to Joe, he has made sure that Joey attends all of his activities, Including soccer and T-ball. His home has also served as a hub for other children in the neighborhood, especially because of the pool In the back yard. He states that neighbors trust his ability to care for these children and allow them to come to his home on a regular basis. On the other hand, Joe does not trust Jacky to be a consistent and responsible caretaker for Joey. He is concerned that Jacky will not provide consistent help for Joey with respect to homework and academic needs. He states that she does not currently help him with homework and allows him to stay up late on school nights. As a result of this action, Joe feels that Joey is tired on days after he has spent the night with his mother. Joe is also concerned that Jacky will be inconsistent with respect to Joey's religious upbringing. He feels that he has more consistently taken Joey to church than has Jacky. Joe feels that Jacky can be extremely labile and violent. He feels that she Is more apt to curse, yell, and hit Joey than he. Furthermore, he is concerned that Katrina has behavioral problems that could negatively affect Joey. Jacky Cline feels that the temporary custody order should be vacated and that she should again become primary custodian of Joey. Jacky feels that she has also demonstrated herself to be a responsible parent who has been consistently Involved with her children. She states that prior to the most recent separation, it was she who took care of all of the primary needs of Joey and Katrina. She states that she insured that the children attended doctor and dentist appointments in a timely manner. She states that she was primarily responsible for purchasing the children's clothing and preparing the children's meals. At that time it was also she who made sure that the children got to and from school consistently. She states that she was the individual most involved in providing for the religious needs of the children. Prior to the recent separation she stated that Joe would not attend church with the family. Jacky has serious concerns about Joe as a parent. She faels that Joe has an extremely explosive temper. She states that he was violent with her during the time which they lived together and she fears that he will continue to be violent. According to Jacky, Joe has been "nuts" since VietNam. She feels that he always needs an enemy Page 4 RE: Cline v. Murphy to be angry at. She states that Joe can be extremely Intimidating and that Joey is. In fact, fearful of his father. Some of Jacky's more specific concerns relate to Joe's parenting style. She feels that Joe does not supervise Joey closely enough. She states that he will allow Joey to swim alone in the family pool. She also feels that he will leave Joey alone so that he can watch his own TV shows. Jacky's concerned that Joe does not allow Joey to call her on a consistent basis and he Is inflexible regarding the custodial schedule. Jacky feels that Joey has become more aggressive since he has been in the primary custody of his father. Jacky also feels that Joey would benefit from being In the same household as his sister, Katrlna. She indicates that the two children love each other very much and miss spending time with one another. She denies that Katrina has any behavioral problems and, in fact, feels that Katrlna tries to protect Joey when they are together. She feels that, at the very least, Joey and his sister should be spending holidays together. She feels this Is true whether It is at her house or at Joe's house. Jacky Cline Jacky is a 34 year old woman who is currently employed by AMP, Inc. She has worked for AMP for the last five years. Her work hours range from between 8:00 a.m. and 5:00 p.m. five days per week, Jacky presented as a dark haired woman who looked her stated age. She was always well dressed and well groomed for her appointments. She arrived for all of her appointments in a timely manner. Jacky's mood was genOrallY serious at her interviews. She appeared to be quite anxious about the entire process. Her affectuallevels were consistent with the nature of the conversations during the interviews. Jacky denied any specific problems with anxiety or depression. She noted her sadness over not having primary custody of Joey, but denied that her moods affected her ability to function. Jacky appears to be of average intellectual ability. She was able to present her side of the story in a clear, concise, and goal-directed fashion. There appeared to be no cognitive deficits. Jacky's memory for recent and distant facts was intact. She denied any problems with hallucinations or delusions. Jacky was interpersonally appropriate. She showed adequate social techniques, although as mentioned above, she was somewhat anxious. Jacky tended to deny having much anger at Joe at this time. She seemed to lack some insight into Page 5 RE: Cline v. Murphy her responsibility In the problems In this situation. She also tendad to project blame for the problems with regard to Joey and the relationship onto Mr. Murphy, Jacky's MMPI-2 test results tend to validate the hypotheses and observations made during the Individual Interviews. Her profile is valid as she appears to have responded frankly to the various Items. Individuals with this profile are typically tense and anxious and possess feelings of anger and hostility. Often times the anger and hostility Is unrecognized. Similar individuals tend to be suspicious, rigid, and self- centered. They cen also be uncooperative at times. They generally have high energy levels and a history of minor problems with societal rules. Interpersonally, these Individuals may have an overly positive view of relationships, even when significant problems exist. They possess chronic feelings of hostility toward family members, even though these feelings may go unrecognized. They are likely to use passive-aggressive ways of dealing with these negative feelings. Their primary defensive mechanisms are denial, rationalization and projection. They tend to lack Insight Into their own problems. These Interpersonal Issues tend to be of a chronic nature. Jacky's home visit revealed that she lives in a second floor apartment in a building in New Cumberland. There are two bedrooms in the apartment, so each of the two children living there cen have their own rooms. Although the apartment is old, it is neat, clean and safe for the children. Joey has his own room, which has been personalized for him. When Joey is visiting with his mother, Jacky sleeps on the couch. In observing Jacky interacting with the children, she displayed some difficulty in Channeling Joey's behavior and obtaining his cooperation. Joey became somewhat disruptive and Jacky tried to make excuses for his behavior. She was finally able to get him to Interact but It was apparent that Joey is somewhat Immature for his age. Nonetheless, the Interaction seemed to be enjoyable for Joey, Katrlna and Jacky. Katrina seems to tolerate Joey's Impulsiveness and aggressiveness. Jacky remained patient with Joey's behavior and avoided direct confrontations with him. She seems to have some difficulty structuring and limiting Joey's activity level. Joe Murphy Joe is a 50 year old man who is currently on disability from his job as an iron worker. Joe is an ex-Marine and VietNam War Veteran. He and Joey live in his house in New Cumberland. Page 6 RE: Cline v. Murphy Joa presentad as a tall, strongly built 50 yaar old man. He was always out-going and affable In his Interactions within the office. Joe was cooperative with the evaluation process and arrived for all of his visits in a timely manner. Ha was typically casually dressed find well groomed for these visits. Joe's mood was typically upbeat and positive during the interviews. He showed a wide range of affectual responses, depending upon the topics being discussed. Joe denied any current symptoms of anxiety or depression. He indicated that he took Zoloft in the past, but stated this antidepressant was used for pain control rather than depression. He noted that it did not help. Joe appears to be of average intellectual ability. He was able to express himself In logical, rational terms. He used abstract thinking in order to make his points understood There appears to be no impairments with respect to cognitive abilities. Joe's memory for distant and recent events was intact. Joe also denied any symptoms associated with a thought disorder. Joe indicated that he rarely drinks alcohol and that he has quit smoking. He only takes prescription medications. Interpersonally, Joe was friendly and engaging. He demonstrated good social technique and the quality of the interaction was good. Joe WClS very assertive about his views and quite self-confident. His style of interaction approached overwhelming in intensity at times. Joe also completed the MMPI-2. Although valid, this profile is consistent with an individual who denies many things, including common human frailties. This profile may demonstrate a lack of awareness and insight into his problems. Nonetheless, relative effectiveness in every day functioning is suggested. Affectually, emotional over control is the norm for these types of individuals. They tend to keep hostile and aggressive feelings bottled up. This may lead to an indirect expression of these feelings or to occasional aggressive outbursts. It is not uncommon for individuals such as Joe to experience significant somatic problems secondary to psychological stressom Often times Situational dissatisfaction is denied. With respect to personality characteristics, these individuals can be seen as demanding, egocentric, and narcissistic. They may present a "Pollyanish" attitude about life. This means that they may at times attempt to get their needs met in manipulative ways. Their social relationships are apt to be shallow or superficial. Their primary defensive mechanisms are repression and denial, however. they, too, can use projection of blame. They have a high need for affection and allention which may be caused by unrecognized feelings of insecurity. Page 7 RE: Cline v, Murphy This profile Is very common In Individuals who have considerable physical problems. There is nothing within this profile that would preclude Joe from being a good caretaker of Joey, per se. Joe's house Is located In a suburban section of New Cumberland In a quiet and well tended neighborhood. The house has four bedrooms for just Joe and Joey. Obviously, Joey can have his own room, which is neat and comfortable. The house Is generally clean and safe for a child Joey's age. There are ample toys present. This includes a Nlntendo 64 which Is a main source of entertainment for Joe and Joey. The observation within the home showed Joe and Joey to be able to Interact in a very positive, comfortable manner. Joey appeared to be somewhat more setlled in this environment than his mother's. He was more attentive to his father when his father spoke to him. Furthermore, Joe appears to have higher expectations with respect to Joey's behavior and gets compliance by simply raising his voice. Joe demonstrated that he does use the 1-2-3 Magicltechnlque in controlling Joey's behavior. This was apparently in follow up to recommendations made by Dr. Schneider three years ago. In the office selting the play between Joe and Joey was somewhat more disorganized. This may be because the play materials had no structure associated with them. Joey's first reaction to things appears to be somewhat negative in an attempt to gain control of the situation. Nonetheless, Joe felt comfortable being on the floor with Joey and talking to him in age appropriate language. He made good eye contact with him when he wanted the interaction to be listened to. Actually, as the play continued, Joe and Joey became more organized and worked together to craate a building project. Joe had no difficulty gelling Joey to clean up his mess and end the session. Joey Murphy Joey is a seven year old boy who Is In the first grade at SI. Theresa's School In New Cumberland. Joey was seen on two separate occasions when each of his parents brought him in. At both of these visits Joey was clean and well dressed. He demonstrated no problems in separating from his parents or being Individually interviewed. Joey presented as a child who is physically large for his age. He was Initially somewhat shy and reluctant to talk within the interview situation. His anxiety seemed to be associated with the topics, i.e. his mother and father and the separation, rather than the interview situation itself. He talked comfortably about school, indicating that Page 8 RE: Cline v. Murphy he enjoys first grade at SI. Theresa's. He admitted to some problems in reading and spelling, but faels that he generally does well In school. He has fun at school and anjoys the activities in which he participates. In his interview, Joey noted that it was hl$ mother's fault that his parents separated. He Indicated that his mother was yelling too much end that his dad did not do anything wrong. Joey denied that he ever witnessed any physical abuse between his parents. One got the Impression that he overheard some of this from his father, but Joey denied that either of his parents talk negatively about the other. Joey indicated that he has fun when he is at his mother's house. He noted that his father helps him with homework more than his mother does. At his mom's he will play video games, go out to eat, and play with his sister. He tends to go to bed later at his mother's house than his father's. Joey indicated that he misses both of his parents when he is at the other's house. He states that his father does allow him to call his mother and that he Is allowed to talk to his mother when his mother calls. He notes that when he Is at his mother's he can also call his father. Joey feels that his father Is a little bit "tougher" about rules. He enjoys playing outside with his friends at his dad's home. He noted that both of his parents have spanked him In the past. but his father does not spank him now. Both may yell at him and send him to his room. He feels his mother yells at him a little bit more. Joey completed the Brlcklin Perceptual Scale. On this scale he endorsed eight items in his mother's direction, seven items in his father's direction, and 17 items were ties. There was a slight advantage in total score for mother versus father. For the most part, Joey scored his parents relatively equally in all categories. The exceptions to this included the fact that he saw his father as being significantly better able to cope with emergencies and argue constructively. On the other hand, he saw his mother being more patient than his father and as being able to both accept criticism and maintain a more positive mood than his father. Joey's responses to this test instrument would indicate that he sees both parents as being competent in caring for his needs. In general, Joey displayed great discomfort in talking about the !ltate of the relationship between his parents. He clearly knows that they do not like each other and is aware that they argue frequently. This appears to make Joey very anxious. When he is anxious, he becomes somewhat aggressive and hyperactive. His high activity level was noted both in his mother's home and within the evaluation setting. Reports from school do not note significant behavior problems. On the contrary, Joey is perceived as a polite, well-behaved child. He appears to be adjusting well to the Page 9 RE: Cline v, Murphy school and doing relatively well academically, He does experience some problems with reading but school records note that Joey's father Is helping him with his academic areas, Recommendations Joseph Murphy, Sr. and Jacky Cline currently share custody of their son, Joey. Joey spends the primary amount of his time with his father, but sees his mother on alternating weekends from Friday to Monday morning, each Wednesday overnight, an alternating Thursdays from Thursday to Friday morning. Joe Murphy would like to maintain primary custody of his son and further limit contRct of Joey with his mom to one overnight per week, other than the weekends. Jacky Cline would like custody reverted back to her and would also prefer to see Joey with his father only on one overnight besides weekends. The current evaluation reveals that Joey is developing and adjusting quite well in his current situation. School records indicate that Joey has made good academic progress and a positive adjustment to the academic selling. Socially, he appears to be doing well as he has friends with whom he interacts. He is active in extra-curricular activities. Both of his parents seem willing to participate in these aclivitl~s. Joey Is In good physical health and, although there have been allegations of neglect, there Is no objective evidence that either of lhese parents are neglectful of Joey. Given the current situations of both of these parents, and given the stability which Joey is showing, it is recommended that the current custodial arrangement be made the permanent arrangement. Mr. Murphy's current living situation allows him to be somewhat more available to Joey on a consistent basis during the school week. Joe has served in a primary role over approximately the last two years and has done so in a responsible and consistent manner. There is no indication that Joey is intimidated by his father, or fearful of him in any way. In fact, given some of Joey's activity levels, Joe's more structured approach to parenting may be helpful with Joey's behavior. On the other hand, there is no need to further limit Joey's interaction with his mother. Joey obviously loves his mother and receives a considerable amount of love in return. Joey perceives his mother as a competent caretaker and there is every Indicetion that Jacky has been responsible in the role as a parent with both of her children. Furtharmore, Jacky is correct in stating that the time that Joey is able to spend with his step-sister is important to him. Contrary to Joe's concerns. Joey has a , , ,I Cool: Not excited; calm; unmoved; not hasty; deliberate. " ' I , ti If I , :j I, . , ' ' , . ,.~, ':'1-"'\ :, J.i'~.Si'W.. l~~,,- :1'1 ,'.',' '4.1'., ,1_ ,J. iOk ":<"~'I " 'I, "~'K" . .\~'"'i"; ~~ l:' l~' .. \, , \,'. ',' ....;..- J ~ ' , t 'f ,~ / ,1 /' . " I , .. . ....: i.' -, I .J " . . CLlNI v. MURPHY PACSES Case Number: 061100005 - Residence: - Residence: Residence: - Residence: 5, Plaintiff seeks support for the following persons: 1 child . 6. (a) Plaintiff 0 is <i> Is not receiving public assistance In the amount of $ .00 per month for the support of: (b) Plaintiff Is receiving additional Income In the amount of $ .00 from: 7. A previous support order was entered against the Defendant on action at alMBslUol\NQ COUNTY $ 571 .00 for the support of: 1 CIlLO 3/9/95 In an In the amount of P'lle 2or3 Fonn tN"()()5 Worker 10 21501 Service T)'llC M JOSEPH p, MURPHY, SR" PLAINTIFF V, JACKYANN CUNE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , ; 91- 7J~3 : 85 5999 CIVIL TERM I.ti..BE: CUSTQQY QIUlER OF COUBI AND NOW, this ~ day of November, 1998, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order, (2) Joseph p, Murphy, Sr. and Jackyann Cline shall have shared legal custody . of Joseph Murphy, born January 13, 1991, (3) During the school year, the parents shall have shared physical custody of Joseph on alternating weeks with a changeover each week at 5:00 p,m, Sunday, The mother's first week shall start on November 15, 1998, (4) During the summer when school Is not In session, the parents shall have shared physical custody of Joseph for alternating two week periods with a changeover every two weeks at 5:00 p,m, Sunday. (5) The parents shall alternate the Christmas period each year, This year the father shall have Joseph for the period of 5:00 p,m" December 24th through noon on Christmas Day. The mother shall have Joseph for the periOd of noon on Christmas Day until 5:00 p,m, on December 26, , , ':" "j' " , " 01 , " , , , , " , " \r It, , ;J " " , I , .J, ',I, ;,1 ", , , " I!", , , " " , , " , " , '. " " " i! , I, 1;1 , " 1.1, , '" , ,;' I ,I. Fltto--oi'"F/C€ Or: TH~ rnnTIrONOTAAY 98 NOV - 5 AN /01 31', CU^,I8t.:;:1(AIJO COUNTY , . 'PENN,~~tVAN(A " .' , I ., ','I ,,' .. ,. I \' ~ ",' ': , I ;1 ." I,' 0" 1,',', ! I J , , , "I;, , , "1, il " ,'J,,' I ,....j if', , , . 'i " '1'1 I I , i ,/ ji' 'J; ,', , " ..r> . , , " J'1t , " \' . "1 .1 " .', , .1 I , "I ", " ,I " '" " " , " ,I, JOSEPH p, MURPHY, SR" PLAINTIFF V, JACKVANN CLINE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , ; 91./-7J.J.J 95-5880 CIVIL TERM IN BE: CUSTOQ'l OPINIQM ANP O~DER OF COURI BAYLEY, J., November 5r 1998:-- Joseph p, Murphy, Sr" age 51, and Jackyann Cline, age 35, are the parents of Joseph Murphy, age 7, born January 13, 1991. Joseph Is In second grade at St. Theresa School In New Cumberland, where he Is doing well, The mother and father startod to live together In the fall of 1990, They separated In November, 1994, and reconciled In May, 1996, after the father Incurred a serious shoulder Injury at work. They separated again In September, 1997. They never married. The father lives In a home that he owns In New Cumberland where the mother used to live, His daughter Nicole, age 22, who Is engaged, Is stili living at home, The father Is an Ironworker for Local 404, He had surgery In September, 1996, and has not worked since. He Is receiving workmen's compensation, The mother lives In an apartment In New Cumberland with her daughter Katrlna, age 13, bom December 18,1984. She has worked for AMP In sales/marketing for the last five years. Her flexible hours are between 8:00 a,m. to 5:00 p,m. each weekday. When the parties separated In November, 1994, Joseph continued to live with his mother and Katrlna, From birth, the mother had been the primary care provider of Joseph, In August, 1995, a custody order was entered granting the mother primary 95.5990 CIVIL TERM physical custody of Joseph. The father was granted temporary physical custody on eltemate weekends from Friday evening until Monday morning, every Wednesday and Thursday after school, from December 26th until January 1 st, and for three separate periods of two uninterrupted weeks during the summer. The parties' reconciliation in May, 1996, went relatively well until July, 1997, their relationship then deteriorated until the mother separated in September, 1997. The mother maintains that the father threw her out of the home, The mother made temporary living arrangements, and the father obtained an emergency custody order on November 5, 1997, He temporarily received primary physical custody of Joseph, with the mother having periods of temporary physical custody.1 Both parents seek primary physical custody of Joseph. Following a conciliation conference, the temporary order was modified on December 15, 1997, to set a Christmas schedule, and provide for telephone contact and access to school and medical records, nle mother has Joseph on alternate weekends from Friday evalllng until Monday morning and on every Wednesday from after work until Thursday morning before Joseph goes to school. On alternate Thursdays preceding the father's weekend, the mother has Joseph from after work until Friday morning.2 Hearings were conducted on September 17 and October 21, 1998, 1. Katrlna has lived with the mother since the separation, and her step-father has refused to see her. 2. The mother had Joseph for two weeks in March, 1998, while the father underwent surgery, -2- 95.5990 CIVIL TERM Two well.quallfied psychologists conducted custody evaluations for which they both have extensive experience, The mother called Stanley Schneider, Ph,D. He had performed a custody evaluation In 1995, alter the first separation of the parties, Dr, Schneider testified that there have been chronic conflicts between the parents over the years, but Joseph nevertheless, Is a well adjusted child, Joseph Is comfortable with both his father and his mother, He seeks and receives love and affection from both parents, He had a close relationship with Katrlna when they lived together, and he now misses Ilvlng with her, Katrlna Is doing well with her mother. Dr, Schneider found that the mother had considerable anger and confusion regarding the father, but that those attitudes have dissipated, Both parents were actively Involved In Joseph's life when they lived together and that situation has not changed, Dr, Schneider believes that the mother Is more sensitive to the father's situation than vice versa,' The father Is doing a good Job In his current capacity as the primary custodian of Joseph, The mother did a good job as primary custodian during the parlod of the first separation between November, 1994, and May, 1996, Dr, Schneider found that Joseph reacts quicker to the discipline of his father than his mother, but that there Is no lack of structure In the care provided by the mother, Dr. Schneider was of the opinion that a shared custody order was the most appropriate arrangement for these parents, He believes Joseph would benefit from more maternal attention, and that he 3, After listening to the testimony of both parents, the validity of this flndlng Is' readily apparent. -3- 95-5990 CIVIL TERM should spend more time with KatrlnB who Is seven years older, The father called Arnold Shlenvold, Ph,D. Dr, Shlenvold testified that both parents have a loving relationship with Joseph, He concluded that there Is firm structure In the father's household, and some lack of structure in the mother's household, The mother Is Inconsistent with discipline. Joseph Is doing well and has adjusted well to the situation involving his parents. He Is age appropriate. Dr, Shlenvold found the father to be self-confident but defensive with respect to this custody dispute, and that he lacks some awareness of the situation, The father Is available full.tlme to take care of Joseph, Noting that the mother already has considerable amounts of time with Joseph under the temporary order, Dr. Shlenvold was of the opinion that It makes no sense to change the current arrangement In which he Is the primary custodian. He believes that a shared custody arrangement Is not appropriate because both parents want to limit the time of the other with Joseph, they do not get along well, and the father can provide Joseph with more structure during the school year. The legal principles applicable to a custody case are well established, The test is what is in the best interest and welfare of the child. McMillen v, McMillen, 529 Pa, 198 (1992). Positive weight should be given to the primary care provider. Gonzalez v. Gonzalez, 337 Pa, Super, 1 (1984). In ~n ra Wesley J.K" 299 Pa, Super, 504 (1982), the Superior Court of Pennsylvania stated: The philosophic premise of shared custody is the awarding to both parents of responsibility for decisions and care of the child, In the past -4. 95-5990 CIVIL TERM non-custodlal, conscientious parents have been frustrated by the second-class status to which the law has assigned them, It was difficult to develop healthy relationships to a child where their role may have baen limited to a weekend parent whose counsel was not sought In decisions affecting the child, Shared custody allows both parents [sic) Input Into major decisions In the child's life, (Footnote omitted.) In W..ley, the Court suggested guidelines for determining when shared custody Is appropriate, Both parents must be fit and capable of making mature chlld.rearlng decisions, and must be willing to provide care and love for their child, Both must express a desire for continued active Involvement In the child's life. The child must recognize both parents as sources of love and security, A minimal degree of cooporatlon between the parents Is necessary, although this feature does not translate Into a requirement that the parents have an amicable relationship. The findings of both psychologists with respect to both parents, Joseph, and the relationship of Joseph to his parents do not markedly differ. They agree that both parents should have a significant amount of time with Joseph. They differ as to the status of the custodial arrangement. The father does not work, a situation which will not change at least over the short term, The mother was the primary caretaker of Joseph until the father stopped working In September, 1996. Joseph did well In the care of his mother when the parties were separated for a year and a half from November, 1994, until May, 1996, when they both were working outside of the home, The temporary order entered on November 5,1997, as modified, was entered because the mother had temporary living arrangements following the parties' separation, The mother now has an apartment In New Cumberland, the same .5. . 95.5990 CIVIL TERM community where the father lives, that Is adequate for her to care for both of her children, Both parents are fit and capable of making mature chlld.rearlng decisions, and are wmlng to provide care and love for Joseph. Both want and have expressed a desire for continued active involvement In the life of Joseph, Joseph recognizes both parents as sources of love and security, While the parents have less than an amicable relationship, for which we believe that the father is now more responsible, there is enough cooperation between them whereby wo are satisfied that a shared custody arrangement Is workable. A shared custody arrangement can easily be facilitated throughout the entire year since the parties live In the same community, Such an arrangement will provide more positive maternal Input In Joseph's life,' It adds support to the relationship of Joseph with his sister Katrina, and It will maintain the father's Important role In Joseph's life, While having structure during the school year Is always a concern In a shared custody arrangement, nevertheless, the factors that we have set forth satisfy us that good structure can be maintained In the best Interest of Joseph under the following shared custody order, ORDER OF COURT AND NOW, this ~ day of November, 1998, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order, (2) Joseph P. Murphy, Sr, and Jackyann Cline shall have shared legal custody 4, The mother Is 16 years younger than the father, .6- 95-5990 CIVIL TERM of Joseph Murphy, born January 13, 1991, (3) During the school year, the parents shall have shared physical custody of Joseph on aiternatlng weeks with a changeover each week at 5:00 p,m, Sunday, The mother's first week shall start on November 15, 1998. (4) During the summer when school Is not In session, the parents shall have shared physical custody of Joseph for alternating two week periOdS with a changeover every two weeks at 5:00 p.m, Sunday, (5) The parents shall alternate the Christmas period each year, This year the father shall have Joseph for the period of 5:00 p,m., December 24th through noon on Christmas Day. The mother shall have Joseph for the period of noon on Christmas Day until 5:00 p.m. on December 26, (6) The parents shall alternate the holidays of Easter, Memorial Day, July 4. Labor Day and Thanksgiving, For 1998, the mother shall have Joseph on Thanksgiving, Barbara Sumple-Sullivan, Esquire .For Joseph !P. Murphy, Sr, Gary Kelley, Esquire For Jackyann Cline :saa .7.