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Home My WebLink About95-04413 "" ~.', - ~ . - ~ Q -j ~ '- J " . f J r<) - . ",.,'_;, " , , ;: ,-'''"7~''';~~~~~~>))~~~:;f;~~~~::;,i., '__~ ,,,..,_ ,;,' ,-<'Ii.. ~~,",,\r;;\:i~v..r.1 ~"$-'X~~~"-"'<i.7r:)1J\'.:...",~,(.,:{ tj'....'l' <,z _:~: ,'., ,,:"~~;;S~" c~;i"1:~J."""'~J"...~ . .'_ r'.::-:.!,;.~_;~!:."":,~,,, ~~_ . .J, :----' , J, Pamela G. Devine, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 95 - 4-<f 13 CIVIL Michael J, Devine, Defendant CUSTODY TEMPORARY CUSTODY ORDE-R AND NOW, this ____ll day of August, 1995, upon consideration of the Petition for Special Relief, ~ ~I' ~"stOdY i, "anted to tha p'aintiff end ."pe"'i'~ ,~ C4M~ , to the defendant at times and places agreed upon by the parties until further order of Court, By the COl,!~ ~/ ( / '" 1, "',," I.. "'\'\ . .Gt Pamela G, Devine, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95 - 4-., I ~ CIVIL CUSTODY Michael J. Devine, Defendant PETITION FOR SPECIAL RELIEF The Petitioner, by and through her attorneys, Philip C. Brigant and Jane Muller-Peterson, Legal Services, Inc" represents the following: 1, The plaintiff, Pamela G. Devine, hereinafter referred to as the mother, resides at 102 W. High Street, Carlisle, Pennsylvania 17013. 2. The defendant, Michael J, Devine, hereinafter referred to as the father, resides at either 1152-1/2 Market Street, Harrisburg, Dauphin County, Pennsylvania, or 28 Maple Avenue, Camp Hill, Pennsylvania. 3. The parties are the parents of Gretchen Marie and Jean Nicole Devine, 4. A Complaint for Custody has been filed along with this Petition for Special Relief in the above-captioned matter. 5, The mother has been the primary caretaker of the children since their births. 6, The defendant has made attempts to snatch the children from the plaintiff including, but not limited to, the following: a, In 1991, when Gretchen was three-months-old, the defendant had the minor child in his arms running away from the plaintiff and told the plaintiff that if she followed him he would drop the baby, The defendant withheld the baby from the plaintiff for 24 hours and he did not tell her where he was keeping the child, b. On or about August 13, 1995, the plaintiff was getting her minor child, Jean, out of the car while her other child, Gretchen, was standing near the car holding a friend's hand. The defendant came out of a building, ran up to Gretchen, grabbed her, and ran down the sidewalk holding the child to his chest. A stranger stopped the defendant and gave the child back to the plaintiff, The plaintiff is afraid that the defendant will take the children and not return them. The defendant just recently got out of Holy Spirit Hospital where he was admitted because of an attempted suicide. WHEREFORE, the plaintiff requests that this court enter a Temporary Order granting her primary physical custody of the parties' children, and the defendant supervised visitation at times and places agreed upon by the parties, until further Order of Court, Respectfully submitted, Attorneys for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 '. The above-named plaintiff, Pamela G. Devine, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C,S, 6 4904. relating to unsworn falsification to authorities, Date: <J 1/5/rs ~)/B~ amela G. Devine. Plaintiff ,~) ,., 4,0 0.. ,v ~ 1 .~ Ii F' \.ill.: 0-' _'1 - ~ ... c,~ ~i ,. i;" :! !R :5 ~ en ~... ;!~ ~n:::t.~ .;::co~ N. OU-t a~Q:' , _:t;-J 4:'LC":>- ~~:l:t.;:t~ ,__I"l4I:l: _ ;~: ;,)1 III ~..~u... .'" ciU ji .' CD - .., :::. ~ , '.,<: '- Pamela G. Devine, plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95 -4-~,'3 CIVIL-r~ CUSTODY Michael J, Devine, Defendant ORDER OF COURT AND NOW, ~ day of J1"'-f}V\.S r , 1995, upon consideration of the attached complaint, it is hereby dirJK1ed that the parties and their respective counsel appear before --1,/1\...",\ s. S.....Jc..y E3, , the conci 1 i ator, at <Cj Lv, M~;" S L ~~"""'~~~~e 131~ day of ~pt '17'bI( , 1995, at c;r:'!jJ A . m., for a Pre-Hear i ng Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before ths court. You must attend the scheduled conference or hearing. For the Court. f{-;; ~ d2a~A. 4~71#? CU8 ody Conciliator I Date la~ Pamela G. Devine, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95 -...'1'~ CIVIL I..vv..-- CUSTODY Michael J, Devine, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Pamela G. Devine residing at 102 W. High Street, Carlisle, Cumberland County, Pennsylvania 17013, 2. The defendant is Michael J, Devine residing at either 1152-1/2 Market Street, Harrisburg, Dauphin County, Pennsylvania, 17103 or 28 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, to the best of plaintiff's knowledge, 3, The plaintiff seeks custody of the following children: Name Gretchen Marie Devine Present Residence A9.Q 102 W, High Street Carlisle, PA 4 yrs. old DOB 2/10/91 Jean Nicole Devine 102 W, High Street Carlisle, PA The children were not born out of wedlock, 11 mos. old DOB 8/28/94 The children are presently in the custody of the plaintiff, who resides at 102 W, High street, Carlisle, Pennsylvania, During the children's lifetime, they has resided with the following persons and at the following addresses: ~ Address Date Plaintiff, defendant, and Gretchen Devine 1017 - 10th Ave,N.W, Largo, Florida 2//10/91 to 8/91 Plaintiff, defendant, Gretchen Devine, various friends Plaintiff, defendant, Gretchsn Devine Plaintiff, defendant, and Gretchen Devine Plaintiff, defendant, and Gretchen Devine Plaintiff, defendant, and Gretchen Devine Plaintiff, defendant, and Gretchen and Jean Devine Plaintiff, defendant, Gretchen and Jean Devine Plaintiff and Gretchen and Jean Devine Plaintiff, Gretchen and Jean Devine at various addresses in Pennsylvania 8/91 to 12/91 106 N, 2nd St. 12/91 to Harrisburg, PA 11/92 803 N. 2nd St, 11/92 to Harrisburg, PA 8/93 217 Briggs St. 8/93 to Harrisburg, PA 4/94 301 Edward St. 4/94 to Harrisburg, PA 8/28/94 301 Edward St. 8/28/94 to Harrisburg, PA 3/95 1152-1/2 Market St, Harrisburg, PA 3/95 to 5/30/95 undisclosed locations 5/30/95 to 1/6/95 102 W, High Street Carlisle, PA 1/6/95 to present The mother of the children is the plaintiff currently residing at 102 W, High Street, Carlisle, Pennsylvania, She is married, The father of the children is the defendant currently residing at either 1152-1/2 Market Street, Harrisburg, Pennsylvania or 28 Maple Avenue, Camp Hill, Pennsylvania. He is married. 4, The relationship of plaintiff to the children is that of mother, The plaintiff currently resides with the fOllowing persons: ~ Relationshio Gretchen M, Devine daughter Jean Nicols Devine daughter 5, The relationship of defendant to the children is that of father. If the defendant is residing at 1152-1/2 Market Street, Harrisburg, Pennsylvania, he is currently living alone, If the defendant is residing at 28 Maple Avenue, Camp Hill, to the best of plaintiff's knowledge is is currently residing with the fOllowing persons: ~ Relationshio Mary Devine mother James Devine father 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 9. The best interest and permanent welfare of the children The above-named plaintiff, Pamela G, Devine, verifies that the statements made in the above Complaint are true and correct, The plaintiff understands that false statemsnts herein are made subject to the penalties of 18 Pa, C,S. g 4904, relating to unsworn falsification to authorities, Date: ~~-;/?S- ti/f!JJa jj ~ Pamela G, Devine, Plaintiff ,*--" "l (:- t....J ~ i t ~j,; . I .; . t ~ \~: .. :II .... ~ Q '" CJ) :.- ~l:: It,'-:Z: u,,:-,::a.-r _-l:O~' k. OU-: ~~o;--: . r~':,!:,--I .u.;::~;"~ ;jr.,"";' .:~ .:: !I,l..i..'i . '''.1 ,.,~..- IL:':>> 0<""' Q <l \.i ~fr) co - ~ ~ ~ Lii,' '. , ! 1 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95- 4'1'3 CIVIL TERM CUSTODY PAMELA G, DEVINE, Plaintiff MICHAEL J, DEVINE, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Pamela G, Devine, Plaintiff, to proceed in forma pauperis. 1, Jane Muller-Peterson or Philip Briganti, counSel for the party proceeding in form~ pauperis, certify that I believe the party is unable to pay the costs and that 1 am providing free legal services to the party, The party's affidavit showing inability to pay the costs of litigation is attached hereto, ~~(~ Jane M ler-Pet rson Philip C. Briganti Attorneys for Pl~intiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . , Interest: None Dividends: None Pension and annuities: None social Security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workman's compensation: -Mone public Assistance: 5806,00 1403,00 per mo,l other: None (d) Other contributions to household support (Wife (Husband) Name: None If your (husband) (wife) is employed, state Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: N/A (e) Property owned Cash: None Checking Account: None Savings Account: $14,05 Certificates of Deposit: None Real Estate (including home): None Motor vehicle: Make -K~ Year Cost Amount owed Stocks; bonds: None Other :_[ope__, -'",-,,-, .' . (f) Debts and obligations Mortgage: None Rent: 160,00 Loans: None Monthly Expenses: Gas - 1143,00. Telephone - 1288,00 Electric - 51500. Diapers - 520,00, qroceries - 520.00 CiCJarettes - $25,00 (The totals for Ilaa. telephone & electric billa are paat due amounta that the plaintiff app1iea any extra money towards each month.) (g) Persons dependent upon you for support (Wife) (Husband) Name: None Children, if any: Name: Age: 4 vrs, 11 1/2 mos, 4, I understand that 1 have a continuing obligation to inform'the court of improvement in my financial circumstances which.'would permit me to pay the costs incurred herein. '...:'_~ '"U 5, I verify that the statements made in this affidavit are true and correct, 1 understand that false statements herein are made sUbject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 8/JS/95' (2& ,f/~ Pamela Devine, Plaintiff . . fu~'\-~\u \0. t::lev\r'\-c:..... Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v. · M i (..~a e \ j. ~C""'\ n-e... Defendant : CIVIL ACTION LAW , :' NO. LlL\ \ ~ CIVIL 19 qS : CUSTODY VISITATION ORDER OF COURT And now, this ~ upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before \"""'. .nS I S. r-.c\~f.--r Esquire, the conciliator at Pennsylvania, on the::.:as: day of , 1998, at A,M. . . for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve e issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or pennanent order, FOR THE COURT: By: dSn\\m .A,.J\II~_ Custody Conciliator t ) ~ YOU SHOULD T AK.E THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ... THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 , - FILED-Om"'E 0;' The ;':)r')II':~:JTAI1Y 98 SEP 16 Pf/ 12: ~ 7 CUM5EHU,;0 COUNTY PENII.SYLVNJiA , ~'/~.ft' del ~ ~ ?%~ X~ tj'I&o'~~ 71~ ~ :6 c~ adf, ;.;~.?f ~ /11~~ 4 ~-t',. .. ~ , I I I I I : SEP 1 5 199~00 PAMELA G. DBVINE, PlaIntiffl Respondent : IN THB COURT OF COMMON PLBAS OF : CUMBERLAND COUNTY, PBNNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY v. MICHABL J. DBVINB, Defendant/Petitioner : NO. 95- 4413 CIVIL TERM ORDER OF COURT AND NOW, this day of , 1998, upon consideration of the attached complaint, it Is hereby directed that the parties and their respective counsel appear before, , the conclllalOr, at , Cumberland County Courthouse, on the day of , 1998, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made 10 resolve the Issues In dispute; or If this cannot be accomplished, 10 define and narrow the issues 10 be heard by the court, and to enter into a temporary order. Bither party may bring the child who Is the subject of this custody action to the conference, but the child attendance Is not mandalOry. Failure 10 appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Concllla1or YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONB, GO TO OR TELEPHONB THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available 10 disabled Individuals having business before the court, please conlact our office. All amngements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, PAMELA O. DEVINE, PbdntifO~ndent v. : IN THE COURT OF COMMON PLBAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 95-4413 CIVIL TERM MICHAEL 1. DEVINE, Defendant/Petitioner ORDER OF COURT You, Pamela O. Devine, Respondent, have been sued in court to modify the custody of the children: lean Nicole Devipe You are ordered to appear in person at _, at ,_.m" for , on a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for cUS1ody, partial custody or visilation may be enlered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITII DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please conlact our office. All arrangements must be made at1e:lSt 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. . - pAMELA G. DEVINE, plaintiff, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PBNNSYLV ANIA v. . . : CIVIL ACTION - LAW : IN CUSTODY MICHAEL J. DBVINE, Defendant, Petitioner . , : NO.95-4413 CIVlL TERM PETITION FOR MODIFICATION OF CUSTODY ORDER Michael J. Devine, by his attorneys, The Family Law Clinic, respectfully represents that: 1. The Defendant, Petitioner herein, is MichaelJ. Devine, The Plaintiff, Respondent herein, is Pamela G, Devine. 2. On August 18, 1995, the Court entered a Temporary Custody Order in this ease, a true and correct copy of which is attached and incorporated here by reference. 3, The Temporary Custody Order gave Respondent primary physical custody of Gretchen M. Devine, born 2/10/91, and Jean N, Devine, born 8/28/94. Petitioner was granted temporary physical custody at times and places agreed upon by the parties, 4. This Order of August 18, 1995 should be modified because Ihere has been a substantial change in circumstances, to wit: a) Gretchen M. Devine is now in the care and custody of her maternal aunt, Lisa Long. b) Jean N, Devine has been residing primarily wilh Petitioner since June of 1998, c) The interests of Jean N. Devine would be beller served if Ihe present Cus10dy Order were modified to give Pe1itioner primary physical custody of Ihe child. ~J4.,)- Thomas M. Place Robert E, Rains SUPERVISING ATIORNEY Donald Marritz STAFF ATIORNEY " . -- WHEREFORE. the Petitioner, Michael 1. Devine, respectfully requests that the existing Custody Order be modified to give him primary physical custody of lean N. Devine. Respectfully Submitted, ~1LIi<.1Vt I I A Y I ato:::/.I ) N chole M. Walters Certified Legal Intern FAMILY LAW CUNlC 4S North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERlFICA nON I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa,C,S,G4904 relation to unsworn falsification to authorities. Date: 9-8- 9'1?- 711,.L, pJ~OJ~ Michael 1. De . e pAMELA O. DBVINB, plaintiff, Respondent : IN THB COURT OF COMMON PLBAS OF : CUMBBRLAND COUNTY, PBNNSYLVANlA : CML ACl10N . LAW : IN CUSTODY v. MICHABL J. DBVINB, Defendant, Petitioner . . : NO.9S-4413 CIVIL TBRM CERTIFICATE OF SERVICE I, Nlchole M. WalterS, Certified Legal Intern, hereby certify that I served a copy of the Order for Custody Conciliation, on Johnna J. Deily, Bsq., attorney for the Respondent by placing the same In the U.S. mall, first class, postage prepaid, on September 21, 1998, addressed to Johnna J, Deily, Bsq., Saidls, Shuff and Masland, 26 West High Street, Carlisle, PA 17013. Date: 9/21/98 ~l;fl'Lt}U. 11/, (JJa/ ClA/J- N chole M. Walters Certified Legal Intern ~ 0' ~ If; .. a~ f 5! :r.: (J~ ..0: r:J~ ~ 7~ -..m N :32 a:;g ~ r~~ ~ ~ c:c C1' ;,;, . ,. ,~-;." ~-' ~ ". :"" "1_:_','_ '. '.. ~ ~i ~~I~ !~~ I . Ui~ ~, : -.-~ \;C'~, : i ':'\"',' ',-" -;, ,:'_~-:',: ',,-',< . '" ,'~.: ",":., ,J '-;-i:t.,',' -; :,i .r i_~: , .' \ .'___'~,' _ :....: ,l " .:~, :';)':1" '::." < -'" '. '" '-i ' : ft ">: ",",~,,,",lf I J ~ ". -,':,::--"'-'t", ...' t : ,"i .,:::;.:> '~~1'j f~f,' 11 ,.:\,:;; ~,\:,:~l(i.\~}lJ: < ': ,- ,,: ' '., ','. ~ ' '. . !:' _:~ ",.",~ , ,- I ~l -: ,.,,' . 1:1 .' '~ s . t:I i ",' ;. < . .. NOV 02 1995t>fJ .' " , . PAMELA G. DEVINE, . IN THE CXXJRT OF CXXoIfolOO PLEAS OF . Plaintiff . CUMBERLAND COUN'lY, PENNSYLVANIA . V8. . NO. 95-44l3 CIVIL TERM . . . MICHAEL J. DEVINE, . CIVIL ACTION - LAW . Defendant . CUSTODY . AND NCIi, this 1 consideration of the attached and directed as follows: amBR OF CXlURT day of vJ~ CUstody Concil at on Report, , 1998, upon it is ordered l. The prior Order of this Court dated August l8, 1995 as it pertains to the parties' daughter, Jean N. Devine, born August 28, 1994 is vacated and replaced with this order. 2. The Mother, Pamela G. Devine, and the Father, Michael J. Devine, shall have shared legal custody of Jean N. Devine, born August 28, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have superviSed periodS of custody with the Child on alternating sundays, beginning Noverrber 8, 1998, between 9:00 a.m. and 9:00 p.m. during times when supervision can be arranged. Supervision shall be provided by the Father or another person selected by agreement of the parties. The mother shall also have periods of supervised custody with the Child on her days off fran work upon providing as much notice as possible to the Father and as arranged by agreement of the parties. The Father shall not unreasonably withhold consent in scheduling these periods of custody. S. The parties shall share having custody of the Child on holidays as arranged by mutual agreement of the parties. The parties agree to spend Thanksgiving Day this year with the Child at the Paxton Street Ministries in Harrisburg. 6. The Mother's periods of custody with the Child shall be supervised until such time as the parties agree that supervision is no longer necessary or both the Child's therapist and the Mother's counselor/therapist issue a recOlll11endation that supervision is no longer necessary. 7. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual . conssnt, the terms of this order shall control. BY THE ccx.lR'}" cc: Edgar B. BaYley,! Johnna J. Deily, Esquire - Counsel for Mother Nicho1e M. walters, Legal Intern and 'l'hcmas M. pl ce, Esquire - Counsel for Father J. ~ ,..-'-'.L "ls/9t, .s. f', PAMELA G. DEVINE, : IN THE CXlURT OF cnIMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 95-44l3 CIVIL TERM . . . MICHAEL J. DEVINE, . CIVIL ACTION - LAW . Defendant : CUSTODY PRI~ JUDGB: Edgar B. Bayley CUS'lmr CXH:ILIATION SlMV\Rl( RBRRr IN ACXXlUlANCE WI'1'fI cnmERLAND cxxmy RIlLE OP crvIL PRUo "" ~ 1915.3-8, the undersigned CUstody Conciliator submits the following report: l. The pertinent information concerning the Children who are the subjects of this litigation is as follows: Olild' s Name Date of Birth In CUstody of Maternal Aunt Father Gretchen M. Devine Jean N. Devine February lO, 1991 August 28, 1994 2. A Conciliation Conference was held on October 27, 1998, with the following individuals in attendance: The Mother, Pamela G. Devine, with her counsel, Johnna J. Deily, Esquire, and the Father, Michael J. Devine, with his counsel, Nichole M. Walters, Legal Intern and Thomas M. Place, Esquire, Family Law Clinic supervising attorney. 3. Custody arrangements were established at the Conciliation Conference for the parties' youngest Child, Jean, who is currently residing with the Father. It should be noted that the parties also have a seven (7) year old daughter, Gretchen, who is currently residing with her naterna1 aunt. The naterna1 aunt has filed a separate Complaint for custody under a separate docket nuntler and caption as follows: Lisa M. Long vs. Pamela G. Devine and Michael J. Devine, No. 98-5971. That action was initially assigned to Michael Bangs, Esquire for conciliation on Decenber 3, 1998. Upon determining that that action involves the same Children who are the subjects of this litigation, the Conciliator agreed to have the natter transferred from Michael Bangs office for an expedited Custody Conciliation Conference to be attended by both parents, the maternal aunt, and counsel so that the custody issues involving both Children can be resolved comprehensively. It is anticipated that the maternal aunt's Complaint will be consolidated into the current action by StipUlation. 4. Pending a second Conciliation Conference inclUding the maternal aunt as a party, the parties agreed to entry of an order in the form as attached establishing custody arrangements for the parties' Child, Jean. ~' ()~k~A -.7~ 199,f l - A ~'~'d. Date Dawn . Sunday, ~ire I Custody Conciliator <".' Y') -, . " .",,<~'. ,- .'. jt&it,~;;:;f@t!:,:?;:~{:,> ,,' ;: '; >\, ;;,i;~{',,:!;; i:i:;';: c., :\f~\~ ';!p~~ll~,:''E'!Y;~:i~E:'~'..:\~:', "~~..'>.'~~~:~t~~'\,:i~t:t:P\: J;\"~;::'<:i. f:F~;'lj\~:t':~I&~;'J~:~~$~i:~.~~:I;i:~I" : :' ,,;,,;f ' ~1.>"!"?:"""';~,\1\~;+~:;~~~? ~~ ji\~tT:~~~J;~~-~{~;'~f;ls ~:~:\/'';~ "'"\~1;:;1:>(;~~r;it:,;-,,{~ \ fi' '::f.f; " ,',,:\~ ,'i},<;-. '..;f';~ " .L-lrrff'F~ ,,'i.';>;\~\~\_~ ,-:.~jf ~~M 1,,'?n-:'''...x;" :"--; ~'::h-X~' <;.'ttjr ~:l'f-";; . ,}:r/<~~~'~"~5cY0~[t; ::~1~~i:~~:i~"~tf.;~~:;?tT}~Kf~?~~1~~1~~;;,:~!;,<1..\\.~ ~~~:~~ ': _ i,:_e..;),!,<", t L:)<-L ,'_,,,, ,'> ,-' (:' t., _~i~~ ""'V~t:';'-'h'(~:;" ,Jy~~ ~. , ~-., :,".;j' :\', ~-..' .~,' ':'I;;'}, ..~ .'i'_, ~~~~';. ! ''''~:;'''' ' \,(\' --,' . ,.' ",,~~,~~ : .':,"' '~", . . , ''':':,i. :~ ';;,' ':; . .' ~." . ~>'C . " ,,~, ' ,'.'.' " ~.. " '." "c' .'.... :,; ,,'.;,' ,',;'. '.',' .. " "',' . ..~, . . ;'i;. \ . ,:.l"SF.C,,:::,i"_~\'.:,~,;t?: ",'. , . :>.-d.:..... . '/", :~:,:~:,' ". ,', ;;~:}~;;.'/,::. , , .~. .,.~(, ::-iNx. \:;,):~,~;~:;~~ ~ <: . ";"~Hili " ;:' " '~ill~'$! '" ;~I !h~ .~.I +11 I~ il! U!~ ~ ":1 .s.l I tw i~ iii I ;1 , i i iii !i! . E '~ , ;~ , ,':. ".'; ,', ;.'.'.' .:~:,.t:;~<:, " .(', . ':.t ~"", \:,,~~'.,' ,,' ;.;~4,~~:',. ''',''''C'''' ~ ,,;" : : " it:"; .....: " , ~. c., . '':--~:. . . -. . . ~ , . NOV 2 PAMELA G. DEVINE, . IN THE COURT OF ~ PLEAS OF . Plaintiff . CUMBERLAND CXlUNTY, PENNSYLVANIA . vs. . . MICHAEL J. DEVINE, . NO. 95-44l3 CIVIL TERM . Dsfendsnt . . . CIVIL ACTION - LAW . LISA M. LONG, . CUsroDY . Plaintiff : vs. . . PAMELA G. DEVINE and . . MICHAEL J. DEVINE . . Dsfendants . . aIDER OF CDlRT AND tUi, this "2- "\ day of upon consideration of the attached CUstody ordered and directed as follows: ~lJiJ-?J~ , 1998, Conciliation Report, it is 1. The prior Order of this Court dated August l8, 1995 as it pertains to Gretchen Dsvine, born February lO, 1991, is vacated and replaCed with this Order. 2. The Maternal Aunt, Lisa M. Long, the Mother, Pamela G. Dsvine, and the Father, Michael J. Dsvine, shall have shared legal custody of Gretchen Dsvine. The parties shall follow the reconmendations of the Child's physician with regard to administration of medication and changes in dosages to medication for the Child. All parties shall have full access to the Child's medical and school records, including the Child's Individual Education Plan and process. The Maternal Aunt shall provide to the Father notice of any major school activities and events involving the Child, including school conferences. The Father and the Mother shall contact the Child's school directly to obtain information concerning ongoing activities involving the Child and a copy of the school calendar. 3. Lisa M. Long shall have primary physical custody of Gretchen Dsvine. 4. The Father shall have partial physical custody of Gretchen on alternating weekends from Friday at 5:00 p.m. through Sunday at 5:00 p.m. and the Mother shall have a supervised period of custody with the Child on the altenating Sundays from 9:00 a.m. until 5:00 p.m. or any portion of the time period during which the Mother can obtain supervision. The Mother's periods of custody with the Child shall be supervised until such time as the parties agree that supervision is no longer necessary. follows: 5. The parties shall have custody of Gretchen on holidays as A. Thanksgiving 1998: In 1998, the Mother and the Father shall share havrng custody of Gretchen at the Paxton Street Ministries in Harrisburg on Thanksgiving Day. 8. Christmas 1998: OVer the Christmas holiday in 1998, the Father shall have custody of Gretchen from Otristmas Eve at 5:00 p.m. through January 3, 1999 at 5:00 p.m. The Mother shall have a period of supervised custody with the Otild on Otristmas Day from lO:oo a.m. until 5:00 p.m. and additional periods during the Child I s Christmas break from school as arranged by agreement between the Mother and the Father to coordinate with the Mother's work schedule and the availability of a supervisor. c. Easter 1999: Lisa M. Long shall have custody of Gretchen over the Easter holiday and sprin;j break in 1999. In the event Lisa M. Long is working over a period of the Easter/sprin;j break holiday, the Father shall be given the first opportunity to provide care for the Child before third party caregivers are contacted. D. other School Holida sIn-service Da s: Lisa M. Long shall have custody of Gretchen dur n;j other miscellaneous school holidays and in-service days. In the event the Maternal Aunt is unavailable to provide care for Gretchen durin;j the school holidays/in-service days, the Father shall be given the first opportunity to provide care for the Child before third party caregivers are contacted. 6. The parties and their counsel shall attend a second Custody Conciliation Conference on April 9, 1999, at l2:oo noon in the office of the Conciliator, Dawn S. Sunday, Esquire to review the terrporary arrangements established in this Order by agreement of the parties. 7. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation COnference. The parties may modify the provisions of this Order by agreement of all parties. In the absence of agreement among all parties, the terms of this Order shall control. 8. The Custody Cooplaint filed in this matter under Docket No. 98-5971 is hereby consolidated into the related custody matter previously filed at Docket No. 95-44l3. BY THE COOR'/ / , I ~ V C\./ ./ Edgar B. Bayley, J. cc: Emily L. Hoffman, Esquire - Counsel for Plaintiff, Maternal Aunt Johnna J. Deily, Esquire - COunsel for Mother Thomas M. Place, Esquire and Nicho1e M. Walters, Legal Intern - COunsel for Father (',~mu-;Q."- lI/il'i/qS, .J!. i' . , . . LISA M. LONG, Plaintiff IN THE CXlURT OF ~ PLEAS CUMBERLAND COONTY, PENNSYLVANIA NO. 98-5971 vs. PAMELA G. DEVINE and MICHAEL J. DEVINE, Defendants CIVIL ACTION - LAW CUSTODY PRIeR JtlDGB IN llBLl\TBD CASE: Edgar B. Bayley \.U>'".lUJ% aH:ILIATION fDMARl( REPCRr IN AanmllNCB wr.m CDIBERLAND <XXHl'll' RULE ai' CIVIL me-... 'IJKE 19l5.3-8, the undersigned CUstody Conciliator submits the following report: l. The pertinent information concerning the Child who is the subject of this litigation is as follows: Odld' 8 NaIIIe Date of Birth In Custody of Plaintiff Gretchen M. Devine February lO, 1991 2. A Conciliation Conference was held on November l2, 1998, with the following individuals in attendance: The Plaintiff, maternal aunt, Lisa M. Long, with her counsel, Emily L. Hoffman, Esquire, the Mother, Pamela G. Devine, with her counsel, Johnna J. Deily, Esquire, and the Father, Michael J. Devine, with his counsel, Nichole M. Walters, Legal Intern and Thomas M. Place, Esquire. 3. This case involves a maternal aunt seeking primary physical custody of one of the Defendants' two Children, Gretchen Devine, born February lO, 1991. It should be noted that a separate custody action was filed between the parents (Defendants in this case) in 1995, in which this Court entered a Terrporary Order dated August 18, 1995 concerning custody of both Children of Pamela and Michael Devine, namely, Gretchen Devine, born February lO, 1991 and Jean Devine, born August 28, 1994. The CUstody litigation between the parents is docketed as follows: Pamela G. Devine, Plaintiff vs. Michael J. Devine, Defendant No. 95-4413. A Custody Order in that case was recently entered by Judge Bayley on Noverrber 3, 1998 reflecting an agreement of the parties at a Custody conciliation COnference (on October 27, 1998) as to custody arrangements for Jean Devine only. Because both of these cases involve custody arrangements for Children of the same family and a CUstody Order was entered in the 1995 case involving Jean Devine who is also the subject of the 1998 CUstody petition, the COnciliator reccmnends that these matters be consolidated under the 1995 caption. Counsel for both the Mother and Father agree to the consolidation. However, it should be noted that Lisa Long, Plaintiff in or: ~. \i~\ H~.:/ t._' t \.\......' ....-).' (,... ~ , . (\~\;\" v..-.... \ '0 ~ ....': 0.. ~~ i :~ , C' I." 7" I:' !"' .... )..... l: :_ ,\,":? - ~._' "...;. -;;- <" ," \'"04 ,'(,\ " 1\')" ~;~ U ,5 1.'\ :/?J'1~ I?,. /t:/r;L- cae 12.._ /J ,4~.t "'y Dawn s. sunday, Esqu re CUstody conciliator ; the current case and her counsel oppose the consolidation. 4. 'l'he parties agree to entry of an order in the form as attached, with the exception of the provision regarding consolidation which is the recommendation of the Conciliator. ". . . " , , " "":.~.5!~t~l:;:~;", TH~- L~~~t~~.:~;":~~!~'%t" ,;;:' KILLIAN 8C'GEPHARr.,;,,,.;.;,;, '.'.~.~!~"~i-: ::,.j~;i!~' ~.. 1!CllO.- ',,:;,.fj, HARRISBURG, p~~NiiYlr 'fr"A'7'08;~?811 ,.~-.--..., '- . '.- "'- ,_.~. T I y ......It; t' . .. - ',',' 'JI."fll""-' . -', '.."".I'1N, ,',. '" 'C;:;CO.,/29~, - '-- .....'V .\ " ... . ... .... PAMELA G. DEVINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v, MICHAEL J, DEVINE, Defendant : No. 98.5971 Civil Tenn : [consolidated wI No. 95-4413 Civil Tenn] LISA M, LONG, Plainti ff v, MICHAEL DEVINE and PAMELA DEVINE, Defendants : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this day of , 200 I, upon considemtion of the attached PETITION FOR MODIFICATION AND CONTEMPT ofa custody order, it , i I is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2001, at ,M" for a conciliation or mediation conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tempomry order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a tempomry or pennanent order, .-, hMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 BY THE COURT: Date: J, . ~ . 3. The Petitioner Lisa Long is the maternal aunt, the Petitioner Pamela Devine is the mother, and the Respondent is the father ofthe two children who are the subject of the above-captioned actions, specifically, Gretchen Devine, born on February 10, 1991, and Jean Devine, born on August 24, 1994, 4. Action No, 95-4413 was initiated when Pamela Devine, mother of the aforementioned children, filed a custody complaint regarding both children against their father, Michael J. Devine, 5. Action No. 98-5791 was initiated when Lisa M, Long, the children's maternal aunt, filed a custody complaint against Mother and Father seeking custody of Gretchen Devine as a result of the fact that Gretchen had been living with Ms, Long since March of 1998. 6, Concurrent with the filing of this petition, Lisa Long is filing an Amended Custody Complaint to include a request for a custody order regarding Jean Devine as well as Gretchen Devine. 7. The two aforementioned actions were consolidated on November 24, 1998, as per paragraph 8 of the Honorable Edgar B. Bayley's order of November 24, 1998, which states that, "[t]he Custody Complaint filed in this matter under Docket No. 98-5971 is hereby consolidated into the related custody matter previously filed at Docket No. 95- 4413," (A true and correct copy of the November 24, 1998, order is attached here10 and marked as Exhibit A.) -2- . ... . 8, The most recent custody order entered in action No, 98-5791 is this Court's Order of September 13, 2000, which grants shared legal custody of Gretchen to Lisa Long, Pamela Devine and Michael Devine, and grants Michael Devine primary physical custody, and periods of partial custody to Lisa Long and Pamela Devine. (A true and correct copy of this order is attached hereto and marked as Exhibit B). 9. This Court's Order of September 13,2000, does not address custody of Jean Devine. The Petitioners believe and therefore aver that the only order that this Court has entered regarding Jean Devine was entered in action No. 95-4413 on November 3, 1998, at which time this Court granted shared legal custody of Jean Devine to Pamela Devine and Michael Devine, granted Michael Devine primary physical custody, and granted Pamela Devine periods of partial custody. (A true and correct copy of this order is attached hereto and marked as Exhibit C), II. FACTS RELEVANT TO REQUEST FOR MODIFICATION 10. Consistent with this Court's Order of April 25, 2000, the parties herein obtained a comprehensive mental health evaluation perfonned by Arnold Shienvold, Ph.D, This evaluation has been completed and Dr, Shienvold issued a report dated December 14,2000, (A true and correct copy of which is attached hereto and marked as Exhibit D). II, Dr. Shienvold "strongly recommended that Lisa Long become the primary physical and sole legal custodian of Gretchen and Jean Devine, Lisa is the only one of -3- . "" the adult care givers of these children to show a constant level of stability, responsibility and maturity in their life." (Exhibit D, page 7), III. FACTS RELEVANT TO REQUEST FOR CONTEMPT DETERMINATION 12. On August 3, 2000, Petitioner Lisa Long filed a Petition for Contempt and Moditication of Prior Order of Court, a true and correct copy of which is attached hereto and marked as Exhibit E. 13. Although all parties involved attended a conciliation conference at which time the issues raised in the aforementioned Petition for Contempt were discussed, the Petitioners believe that Michael Devine has continued to engage in a pattern of behavior designed to frustrate not only Lisa Long's custodial rights, but also the custodial rights of Pamela Devine, 14. In late October, Mr. Devine threatened to shoot both Pamela Devine and Lisa Long. After making this threat, he con tinned that he did indeed have a shotgun. 15. This issue was reported to Mr. Devine's attorney via correspondence dated November 3,2000, a true and correct copy of which is attached hereto and marked as Exhibit F. 16. On November 17, 2000, Mr. Devine refused to allow Pamela Devine to exercise her period of partial custody, indicating that he would punish her for reporting his prior death threat. -4. , .. 17, On December I, 2000, Mr. Devine withheld visitation from Pamela Devine. A true and correct copy of correspondence from Attorney Kopecky regarding this incident is attached hereto and marked as Exhibit G. 18, On or about January 3, 200 I, Pamela Devine and Lisa Long were advised by the Mechanicsburg School District that Gretchen had a broken finger, which the Petitioners believe, and therefore aver, had been broken for seveml days, 19, The Pe1itioners believe that Mr, Devine was well aware of this but failed to report this condition to either Pamela Devine or Lisa Long or to provide adequate medical treatment for Gretchen's condition. 20. On April 25, 2000, this court entered an order which states in Pamgmph 3 that: The parties shall obtain a comprehensive mental health evaluation for the Child, in conjunction with a custody evaluation, to be perfonned by Arnold Shienvold, Ph.D., or his associate. The parties shall submit themselves, the Child and any other individuals deemed necessary by the evaluator for the custody evaluation. The purpose of the evaluation shall be to obtain independent professional recommendations concerning the Child's psychological treatment as well as recommendations concerning custody arrangements which would best serve the interests of the Child. The parties shall sign any aU1horizations deemed necessary by the evaluator to obtain additional medical, psychological, school, or other additional infonnation pertaining 10 the parties or the Child. The costs of the evaluation which are not covered by insumnce shall be shared equally by the parties, A true and correct copy of said Order is attached here10 as Exhibit H, 21. Although Mr, Devine attended numerous sessions with Dr. Shienvold, he has to date refused to pay his portion of the bill which amoun1s to $705.00. -5- .. 22, Petitioner Lisa Long paid Mr. Devine's portion of the bill in order to obtain Dr, Shienvold's report. WHEREFORE, Petitioners respectfully request this Honorable Court to enter an order: I) Granting primary physical custody of Gretchen and Jean Devine to Petitioner Lisa Long and amending the remainder of the custody order consistent with Dr, Shienvold's recommendations; 2) Finding Respondent Michael Devine to be in contempt of the prior court order and requiring Respondent to pay the Petitioners' attorney fees for the preparation and presentation of the contempt portion of this petition; and 3) Ordering Respondent Michael Devine to pay Petitioner Lisa Long $705.00 representing his portion of the cost of Dr, Shienvold's report, Respectfully submitted, Jo I . Ko~ ky, Att ey ID Saidls, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 J. Pa Helvy At rney ID #53148 lIIan & Gephart, L 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 Attorneys for Pamela Devine Dated: January~, 2001 Altorneys for Lisa Long -6- .. , , VERIPICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa,C.S,A, ~4904, relating to unsworn falsification to authorities. Dated: ol/os./ol -, VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1/1,2./()/ ~ /J.A . Pamella G. ~ LISA M. LONG, Plaintiff IN THE COURT OF cc:x-lMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 98-5971 CIVIL TERM . . PAMELA G. DEVINE and MICHAEL J. DEVINE, Defendant : CIVIL ACTION - LAW CUSTODY . . OODER OFaxJRT AND toI, this ,,"'- day of J,) .:r-0..:::l.l_ , upon consideration of the attached CUstody Conciliation Report, ordered and directed as follows: 1998, it is 1. The prior Order of this Court elated August 18, 1995 as it pertains to Gretchen Devine, born February 10, 1991, is vacated and replaced with this Order. 2. The Maternal Aunt, Lisa M. Long, the Mother, Pamela G. Devine, and the Father, Michael J. Devine, shall have shared legal custody of Gretchen Devine. The parties shall follow the recOlllllendations of the Child's physician with regard to administration of medication and changes in dosages to medication for the Child. All parties shall have full access to the Child's medical and school records, including the Child's Individual Education Plan and process. The Maternal Aunt shall provide to the Father notice of any major school activities and events involving the Child, including school conferences. The Father and the Mother shall contact the Child's school directly to obtain information concerning ongoing activities involving the Child and a copy of the school calendar. 3. Lisa M. Long shall have primary physical custody of Gretchen Devine. 4. The Father shall have partial fhysical custody of Gretchen on alternating weekends from Friday at 5:00 p.m. through sunday at 5:00 p.m. and the Mother shall have a superviSed period of custody with the Child on the altenating sundays from 9:00 a.m. until 5:00 p.m. or any portion of the time period during which the Mother can obtain supervision. The Mother's periods of custody with the Child shall be supervised until such time as the parties agree that supervision is no longer necessary. follows: 5. The parties shall have custody of Gretchen on holidays as A. Thanksgiving 1998: In 1998, the Mother and the Father shall share having custody of Gretchen at the Paxton Street Ministries in Harrisburg on Thanksgiving Day. B. Christmas 1998: OVer the Christmas holiday in 1998, the Father shall have custody of Gretchen from Christmas Eve at 5:00 p.m. through January 3, 1999 at 5:00 p.m. The Mother shall have a period of supervised custody with the Child on Christmas Day from 10:00 a.m. until 5:00 p.m. and additional periods during the Child's Christmas break from school as ""7I!"'BVU, 11- "'""",' ""~~&IVJ 1I:''''O\i''<' I-,',)'i,~", ',.,.~,!;~',',.,','." ,.,",.," ",ce;: I,,:.:':~:,~ ~~ :~;I'~' ;.~~-: -~: -. 1;--" .' =tfr; . arranged by agreement between the Mother and the Father to coordinate with the Mother's work schedule and the availability of a supervisor. C. Easter 1999: Lisa M. Long shall have custody of Gretchen over the Easter holiday and spring break in 1999. In the event Lisa M. Long is working over a period of the Easter/spring break holiday, the Father shall be given the first opportunity to provide care for the Child before third party caregivers are contacted. D. Other school Holidays/In-service Days: Lisa M. Long shall have custody of Gretchen during other miscellaneous school holidays and in-service days. In the event the Maternal Aunt is unavailable to provide care for Gretchen during the school holidays/in-service days, the Father shall be given the first opportunity to provide care for the Child before third party caregivers are contacted. 6. The parties and their counsel shall attend a second Custody Conciliation Conference on April 9, 1999, at 12:00 noon in the office of the Conciliator, Dawn S. Sunday, Esquire to review the temporary arrangements established in this Order by agreement of the parties. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by agreement of all parties. In the absence of agreement among all parties, the terms of this Order shall control. 8. The CUstody Complaint filed in this matter under Docket No. 98-5971 is hereby consolidated into the related custody matter previously filed at Docket No. 95-4413. BY THE COURT, , , '... -Lr \-Lv/ Edgar B. Bayley, J. cc: Emily L. Hoffman, Esquire - Counsel for Plaintiff, Maternal Aunt Johnna J. Deily, Esquire - Counsel for Mother Thomas M. Place, Esquire and Nichole M. Walters, Legal Intern - Counsel for Father e.~......~". ~l,.L I dati ~,~i' ,-~"'-"-" . .,", , !'.......... .-........,...... . '~":'I'~'~!i3~"(>:f.:: ::)...,..' .:; ,.ot.llt.~.\.'i . , ' , LISA M. LCtlG, plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN'l'Y, PENNSYLVANIA . . : vs. : NO. 98-5971 : I', PAMELA G. DEVINE and MICHAEL J. DEVINE, Defendants : CIVIL ACTION - LAW . . : CUSTODY PRIOO JUDGE IN RELATED CASE: Edgar B. Bayley CUS'lOOY ~LIATIOO stHlARY REPOOT IN AC(XlUlI\NCE WITH cnmERLAND aura RULE OF CIVIL PllCI' K,lIlRB 1915.3-8, the undersigned custody conciliator submits the following report: l. The pertinent information concerning the Child who is the subject of this litigation is as follows: Odld's Name Date of Birth In CUstody of plaintiff Gretchen M. Devin~ February 10, 1991 \ 2. A Conciliation Conference was held on November 12, 1998, with the following individuals in attendance: The plaintiff, maternal aunt, Lisa M. Long, with her counsel, Emily L. Hoffman, ESqUire, the Mother, pamela G. Devine, with her counsel, Johnna J. Deily, Esquire, and the Father, Michael J. Devine, with his counsel, Nicho1e M. Walters, Legal Intern and Thomas M. place, Esquire. . '; 3. This case involves a maternal aunt seeking primary physical custody of one of the Defendants' two Children, Gretchen Devine, born February 10, 1991. It should be noted that a separate custody action was filed between the parents (Defendants in this case) in 1995, in which this Court entered a Temporary order dated August 18, 1995 concerning custody of both Children of pamela and Michael Devine, namely, Gretchen Devine, born February 10, 1991 and Jean Devine, born August 28, 1994. The Custody litigation between the parents is docketed as follows: pamela G. Devine, Plaintiff vs. Michael J. Devine, Defendant No. 95-4413. A custody order in that case was recently entered by Judge Bayley on November 3, 1998 reflecting an agreement of the parties at a Custody Conciliation Conference (on October 27, 1998) as to custody arrangements for Jean Devine only. Because both of these cases involve custody arrangements for Children of the same family and a Custody order was entered in the 1995 case involving Jean Devine who is 'also the subject of the 1998 Custody petition, the conciliator recomnends that these matters be consolidated under the 1995 caption. Counsel for both the Mother and Father agree to the consolidation. However, it should be noted that Lisa Long, plaintiff in ,. ,: \ ,I tM;.-.'ri'~'" , ........ ,,' 'i',' ..: ..... . counsel oppose the consolidation. 4. The parties agree to entry of an Order in the form as attached, with the exception of the provision regarding consolidation which is the recommendation of the Conciliator. .' " ~~ I p', ,l/r;F Dae Va.._ d~. r/ "')' Dawn S. Sunday, Esqu re CUstody Conciliator ;. :\~ q .1 ~ " II I ~~- stP' t 5' Z(Q) . r ( .. . -- " PAMELA G. DEVINE, Plaintiff : IN TIlE axJRT OF cx:x-lMCN PLEAS OF : CUMBERLAND ClXlN'l'Y, PENNSl!LVANIA vs. MICHAEL J. DEVINE, DBfendant . . . . . . vs. LISA M. taro, Plaintiff : NO. 98-5971 CIVIL TERM . . . . vs. MICHAEL DEVINE and PAMELA DEVINE, DBfendants : CIVIL ACTION - LAW . . : IN CUS'lOOY amBR a! alDRT AND !Of, this J 3 day of rJ J;" . 0 'A) , 2000, upon consideratien of the attached CUstody Co~fat~port' it is ordered and directed as follows: 1. 'l11e prior Ckders of this Court dated March 24, 1998 and April 25, 2000 are vacated and replaced with this Order. 2. 'l11e Maternal Aunt, Lisa M. Long, the Mother, Pamela G. Devine, and the Father, Michael J. Devine, shall have shared legal custody of Gretchan Devine, born February lO, 1991. 'l1le parties shall follow the reccxnnendations of the Child's physician with regard to administration of medication, and changes in dosages to medication for the Child. All parties shall have full access to the Child's medical and school records, including the Child's Individual Education Plan and process. 3. 'l11e Father shall have primary physical custody of the Child. 4. 'l11e Mother shall have partial physical custody of the Olild al alternating weekends (to correspond to Mother's time off work) fran Friday at 3:l5 p.m. through SUnday at 7:00 p.m. 'l1le Mother shall also have custody every 'l'hursday evening from 3:l5 until 7:00 p.m., which may be extended to an overnight period as arranged by agreement of the parties. S. 'l11e Maternal Aunt shall have partial physical custody of the Child on ale weekend per lll:lnth from Friday at 5:00 p.m. through SUnday at 5:00 p.m. 'l11e periods of weekend custody under this provision shall be scheduled by agreement between the Maternal Aunt the Father to fall al ale of the Father's alternating weekend periods of custody. 6. Beginning in January 200l the Mother shall have partial physical custody of the Child en the first and third weekends of every month at the times set forth in paragraph 4 of this Order, the Maternal Aunt shall have custody of the Child on the second weekend of every month, at the times set forth in paragraph 5 of this Order, and the Father shall have custody of the Child on all weekends not otherwise specified for the Maternal Aunt in this provision. ".-' r , ....... ( 7. All exchanges of custody under this order shall take place at the Sheetz gas station/store at the corner of Market street (Route '114) and CUlrDerland Parkway in Mechanicsburg. 8. The parties shall cooperate with any rec."'IIl.enClations provided by Edgewater Children's Services. 9. '1tIe parties agree that the Child shall remain enrolled in her current school district unless otherwise agreed by all parties. lO. 'DIe Mother and the Father shall share or alternate having custody of the Child on holidays as arranged by agreement. 11. '1tIe Maternal Aunt shall have two weeks of uninterrupted SI.1IlIll8r vacation custody with the Child each yeer upon providing notice to the Father by May 1 of the year in which she desires to exercise her period of vacation custody with the Child. l2. All parties shall be entitled to have reasonable telephone contact with the Child. l3. All parties shall promptly notify the other parties of any emergencies involving the health, safety or welfare of the Child. l4. To best IlBI1age the Child's special medical conditions, the Father shall continue the Child's regular appointments with Dr. Brown, Pediatric Neurologist and Dr. Morrow, the Child Development Specialist. lS. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. '1tIe parties may m:XIify the provisions of this Order by JIlUtual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, !;tar~~,A AJl,Jr J. cc: Johnna S. Deily, Esquire - Counsel for Mother Andrew C. Sheely, Esquire - Counsel for Father J. Paul Helvy, Esquire - counsel for Maternal Aunt . r (' . PAMELA G. DEVINE, Plaintiff VIS. MICHAEL J. DEVINE, Defendant : IN THE CXXJRT OF CXlM/'lOO PLEAS OI!' : CUMBERLAND OOONTY, PENNSYLVANIA . . . . . . : NO. 98-5971 CIVIL TERM VIS. LISA M. LOOG, Plaintiff . . . . : CIVIL AcrION - LAW VIS. MICHAEL DEVINE and PAMELA DEVINE, Defendants . . : IN cusrooy PRIm JODGB: Bdgar B. Bayley UJ::i'~UJi a:NCILIATICII ~ REPCRr m ACXXJlDANCB WI'l'B comERLAND aun'Y RIJLB a! CIVn. ~ '"", oS 19l5.3-8, the undersigned CUstody Conciliator submits the following report: l. The pertinent informatioo concerning the Child who is the subject of this litigation is as follows: ~ Gretchen M. Devine IlATB a! BIRTB CURRIlNl'Ly m UJ::j'~QJJ!: OI! February lO, 1991 Father 2. A Conciliation COnference was held 00 August 3l, 2000, with the following individuals in attendance: The Mother, Pamela G. Devine, with her counsel, Johnna S. Deily, Esquire, the Father, Michael J. Devine, with his counsel, Andrew C. Sheely, Esquire, and the Maternal Aunt, Lisa M. Long, with her counsel, J. Paul Helvy, Esquire. Although the parties agreed that an order was not necessary 00 the issue, the Father and the Mother agreed to authorize Dr. Shienvold to include their younger daughter, Jean Devine, in the ongoing custody evaluation, without waiving any objection which may be made with respect to the Maternal Aunt's standing to seek custody of Jean. 3. The parties agreed to entry of an order in the form as attached. ~I'~~ .r; ~ Date (!~_d"'r Dawn S. Sun y, Esquire CUstody Conciliator ; '. PAMELA G. DEVINE, Plaintiff ~.-- : IN THE COURT OF a:JMM<:;N PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -, vs. NO. 95-4413 CIVIL TERM : MICHAEL J. DEVINE, Defendant : CIVIL ACTION - LAW : CUS'roOi' OODER OF CXlURT AND tuof, this 1 consideration of the attached and directed as follows: day of CUstody , 1996, upon t is ordered l. The prior Order of this Court dated August 16, 1995 as it pertains to the parties' daughter, Jean N. Devine, born August 26, 1994 is vacated and replaced with this Order. 2. The Mother, Pamela G. Devine, and the Father, Michael J. Devine, shall have shared legal custody of Jean N. Devine, born August 26, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have supervised periodS of custody with the Child on alternating Sundays, beginning November 6, 1996, between 9:00 a.m. and 9:00 p.m. during times when supervision can be arranged. Supervision shall be provided by the Father or another person selected by agreement of the parties. The mother shall also have periods of supervised custody with the Child on her days off fran work upon providing as much notice as possible to the Father and as arranged by agreement of the parties. The Father shall not unreasonably withhold consent in scheduling these periods of custody. 5. The parties shall share having custody of the Child on holidays as arranged by mutual agreement of the parties. The parties agree to spend Thanksgiving Day this year with the Child at the Paxton Street Ministries in Harrisburg. 6. The Mother's periods of custody with the Child shall be superviSed until such time as the parties agree that supervision is no longer necessary or both the Child's therapist and the Mother's counselor/therapist issue a recOfll11endation that supervision is no longer necessary. 7. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual i""''9>:EQOII8IT~''\'\\ I';;':,,";' ;'; .Y,/f:. ,,'~":"'" , :; cenaent, the terms o~ this Order shall centrol. BY THEa:xiRT, J. Edgar B. Bayley, ee: Johnna J. Deily, Esquire - Counsel for Mother Nicho1e M. Walters, Legal Intern and Thcxras M. Pl ce, Esquire _ COunsel for Father ~ .,..,....A"<' IIls}9t, .g.t' Olild I B Name Date of Birth In CUstody of Maternal Aunt Father . ....... ;<'" _..- .' .,...-....."'tj-:-"..-...'. PAMELA G. DEVINE, plaintiff : IN THE COURT 01" COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 95-4413 CIVIL TERM vs. MICHAEL J. DEVINE, Defendant : CIVIL ACTION - LAW : CUSTODY PRIOR JUDGE: Edgar B. Bayley CUS'lOO'i CCU::ILIATIaI SUMMARY REPORT IN AccaIDANCE WITH ClJ1BERLANO CXXNl"i RULE OF CIVIL PRO 0<," 1915.3-8, the undersigned custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: Gretchen M. Devine Jean N. Devine February 10, 1991 August 28, 1994 2. A conciliation Conference was held on october 27, 1998, with the following individuals in attendance: The Mother, Pamela G. Devine, with her counsel, Johnna J. Deily, Esquire, and the Father, Michael J. Devine, with his counsel, Nicho1e M. Walters, Legal Intern and Thomas M. place, ESquire, Family Law Clinic supervising attorney. 3. CUstody arrangements were established at the Conciliation Conference for the parties' youngest Child, Jean, who is currently residing with the Father. It should be noted that the parties also have a seven (7) year old daughter, Gretchen, who is currently residing with her maternal aunt. The maternal aunt has filed a separate complaint for custody under a separate docket number and caption as follows: Lisa M. Long vs. Pamela G. Devine and Michael J. Devine, No. 98-S971. That action was initially assigned to Michael Bangs, Esquire for conciliation on Deceneer 3, 1998. Upon determining that that action involves the same Children who are the subjects of this litigation, the Conciliator agreed to have the matter transferred from Michael Bangs office for an expedited custody Conciliation Conference to be attended by both parents, the maternal aunt, and counsel so that the custody issues involving both Children can be resolved comprehensively. It is anticipated that the maternal aunt's complaint will be consolidated into the current action by Stipulation. I . I 4. pending a second Conciliation Conference including the maternal aunt as a party, the parties agreed to entry of an order in the form as attached establishing custody arrangements for the parties' Child, Jean. ~ ()(',lal~/, ..:)q I</Y,f .. - A I d:.O/n,d. Date Tl Dawn . sunday~quire I custody Conciliator !!I\l Riegler. Shiel1\'1lld 1A & Associates Custody Evaluation Elliot Ricl!lcr,l'h.D, (1941;-191)'1, Arnold T. Shienl'old, Ph.D. ~lelilllla !:a,h. ~I.S Jam,., E,,,h. I..S,\\'. Midlnel J, Asken, Ph.Il, lI"nnie lI"wa,d, Ph,l1, Amy K, Kei,ling. A.C'.S,\\',. L.S,\\', True) I<icha,d,. A,C,S. W.. I..S. \,/, nun UI\HClh.'C. L.S. \\'. Llynnne Seym",e. L.S,\'/. Jeff,ey Pincus. Ph,fI, Alln Vel'l!<,b, A,C.S,\\'. I..S,\'/.. lI.l'.fI. Hilbert II, Davis. J,.. ~I.D, Lisa M. Long v. Pamela G. Devine and Michael J. Devine Referred By: Mutual consent of the parties. Referral Reason: To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial arrangements for Gretchen Marie Devine, DOB 2/10/91 and Jean Marie Devine, DOB 8/28/95. Individual Interviews: Lisa Long 6/15/00,6/28/00,7/17/00,7/25/00, 9/29/00 6/29/00,7/24/00,9/18/00, 7/6/00,8/7/00, 10/5/00 7/6/00,8/7/00, 10/5/00 6/26/00, 8/7/00 8/7/00 Michael Devine Gretchen Devine Jean Devine Pamela Devine lona Bryant Parent-Child Interactions: Each parent was observed interacting with the children Home Studies: Observations were made at each parent's residence while the children were present. The houses were examined for any safety concerns within the home. Fax: (717) 540,)4 1(, ' (717) 5,l(l,1313 . 2151 LlIIgblll\\'l1 RlIad, Suil,' 21111 . lIaITishlll'l!. Pennsylvania 17110 Long v, Devine Page 2 Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2) · Lisa Long · Michael Devine (Mr, Devine's test was read to him due to his limited reading ability) Additional Infonnation: 1. School records for Gretchen Devine from Mechanicsburg School District 2. Records for lona Bryant from The Stevens Center 3. Records for Pamela Devine from The Stevens Center 4. Letter from Andrew C. Sheely to Dr. Shienvold describing the involvement of JeaRDevinein the <:ustody evaluation S. Two letters from Dr. Todd F. Barron, pediatric neurologist for Gretchen to Dr. Young, Gretcben's family doctor, regarding his care and observations 6. Medical records from Holy Spirit Hospital on Gretchen 7. July 6, 2000 Escape Center report 8. Drug screen report dated 7/29/00 on Mike Devine 9, Psychological Evaluations on Gretchen completed by Karen E. Weitzner, Ph.D. on May 26, 2000, and Jessica Hart, M.A. on 10/17/99 10. Report card narrative for Gretchen updating the 2000- 2001 school year 11. Letter dated November 3, 2000 from Paul Helvy, Esq. To Andrew Sheely, Esq. 12. Order of Court dated February 3'd, 1999 signed by J. Edgar B. Bayley Long v, Devine Page 3 13, Custody Stipulation and Order da1ed January 31, 1999 14, Order of Court dated August 21, 1995 15. Notebook of materials supplied by Lisa Long documenting a variety of interactions and incidents between the various parties in this case 16. Verbal feedback from Ivan Zook of Edgewater regarding interactions with Michael and Gretchen and Lisa 17. Phone interview with Ann Alleman, fonner live-in paramour of Michael's The recommendations that follow are the result of a careful review of all of these sources of infonnation. They are offered in accordance with a reasonable degree of psychological certainty. Recommendations: It is strongly recommended that Lisa Long become the primary physical and sole legal custodian of Gretchen and Jean Devine. Usa is the only one of the adult care-givers of these children to show a constant level of stability, responsibility and maturity in her life. Both Mike Devine and Pamela Devine have had multiple mental health and drug related problems. Additionally, Mike continues to experience physical problems that have made him unable to work. As is well documented, Gretchen is a special needs child. She has been diagnosed as being in the Moderate range of mental retardation and has been in a life skills classroom. Gretchen suffers with a Seizure Disorder and has also been diagnosed with Attention Deficit Hyperactive Disorder. She has a considerable amount of special needs, including close attention being paid to her medication routines. Gretchen desperately needs consistent routine, structure and attentive nurturance in order for her to improve in her ability to learn and practice basic life skills and activities of daily living. Neither Pam nor Mike can provide the type of consistent environment that Gretchen needs. Over the past year since Mike has been primarily responsible for Gretchen's care, Gretchen has deteriorated in her overall adjustment botlt Long v. Devine Page 4 in and out of school. Mike has found it necessary to seek assistance from Holy Spirit Hospital in order to control Gretchen's behavior. He has attempted to utilize increasing amount of medication in order to deal with her alleged sleep difficulties and Gretchen has shown increased seizure activity since she has been in Mike's care. Gretchen's behavior in school has worsened and she shows inappropriate behaviors at home that did not exist to as great an extent when she was with her aunt. To his credit Mike has sough1 outside assistance with the care of Gretchen. He has had behavioral specialis1s and TSS assis1ance within the home. He has also taken parenting classes. However, the application of the techniques he is to be learning and using is not occurring in any type of consistent fashion. Additionally, it has been reported that Mike has continued to use marijuana, cocaine and alcohol since he has been primary custodian. Furthennore, Mike admitted that he is taking significant quantities of pain killers, such as Vicodin, to such a degree as to cause on going problems with his own ener!:,'Y levels. During the time that the children have been in Mike's care, he has had the woman with whom he was living leave him. Of great concern is the fact that she left and went to a women's shelter for abuse. Ann Alleman has accused Mike of physical, mental and sexual abuse during the course of her relationship with him. These.aUegarions ~re consistent with similar allegations made against Mike by he ex-wife, Pam. Ms. AlIeman also noted that Mike was consistently using marijuana during the time she lived with him and occasionally used cocaine. She noted that he also used alcohol. AIlbough Ms. Alleman denied lbat Mike physically abused the children, she reported that he would consistently neglect their care by providing inadequate supervision and that he would mentally abuse them. She reported that Mike would frequently sleep for most of the day and that it was her responsibility 10 watch the children. Mike's presentation during this evaluation was inconsistent. On one occasion he would be cooperative, well groomed and interact appropriately. On another occasion Mike appeared with a one to two day growth of beard, clothing that was dirty and disheveled, and smelling badly. His mood on that occasion was irritable and suspicious. He did not appear for one appointment. Mike no1ed a reading disability and it is believed that Mike's intellectual level is somewhat limited. He denied lbe use of any drugs olber than pain killer, but admitted extensive use of 1hese. His drug screen was negative for any substances, which is somewhat suspicious g.iven the admission he made aoout lbe drugs he was using. Mike admits that he is a "recovering drug addict" and has been in rehabilitation in the past Long v. Devine Page 5 Mike's MMPI-2 results are consistent with the obselVations made during the interviews. His profile is valid and is CORsis&ent with an illdividual who shows very little insight into his own problems. These individuals tend 10 focus on their own needs and are often perceived as either hypochondriacs, malingerers, or possessing psycho-somatic illnesses. Additionally, Mike scored very high on the McAndrew's Scale, which is a measure of addiction proneness. This is not surprising briven his drug and alcohol histOl)'. Mike's involvement with his children is of recent advent. Mike and Pam were married when Gretchen and Jean were born. Mike indicated that he began drinking heavily after Gretchen's birth because he could not cope with his sick child. He and Pam were living in Florida at the time. Mike's was not prim8lY ,in the care ~fGret.chen. In fact, he continued to drink heavily and then became a heavy user of cocaine. Ultimately, after Jean's birth, Pam left Mike and initially lived in a women's shelter. As mentioned above, she, too, accused Mike of physical, sexual and mental abuse. Shortly after their separation Mike went to Roxbury for drug rehabilitation. When released, he Ii \led iR a half-way house for the next 9 months. During that )'ear, Mike could only remember seeing the children on 2 or 3 occasions. Mike then went to live with his parents in Camp Hill for the next 4 years. He reported that during that time he would only see.the ch.ildren "when my parents woWd let me." He believes that he saw them approximately one time per month. He admitted that at that time he always had an adult around to "help me." It was in 19981hat Gretchen went to live with Lisa because Pam was physically abusing her and unable to control her. Jean remained with Pam. According to Mike, he attemp1ed to get Gretchen help for her problems from then on, but Lisa would not let him. He stated that Lisa would not allow him to get the medications that Gretchen "needed," such as the sleep medications and anti-anxiety agents. However, Mike became concerned ~t Jean had been seKually abused so he reported Pam to the Children and Youth Agency, again. Mike also took pride in staling that he got Pam in trouble with the welfare authorities and the low income housing authorities. Mike was given custody of Jean at that point, in spite of the fact that he had spent no more than one weekend a month with either child since Jean's birth. Mike then alleged that Lisa told him she no longer wanted Gretchen so he took cus10dy of her in January of 1999. ,\ " , Long v. Devine Page 6 The latter "fae1s" of Mike's story are at best distorted and at worst fictitious. Lisa had taken custody of Gretchen in 1998 ~se {If the deteriorating situatWn between Pam and Gretchen. Pam was aware thaI she could not handle Gre1chen and asked Lisa to take her care. Lisa maintained custody until Mike was given cus10dy in January. This was not a function of Lisa no long.er wanting custody. Rather, Mike was showing increased insistence at having Gretchen w.th mm Bnd tIe had ~sI1a&eQ ~ desire to be the cus10dian. Lisa was advised that as a non-biological parent she had little legal standing. She decided to negotiate for as much time with the children as possible, rather than put them through a court battle. She now regrets thaI decision because she feels that their well being has not been maintained by their father. Lisa presented as a bright, highly articulate woman. She is employed by Bristol. Myers as a sales person in lheir oncology division. She reports that her work hours are very flexible and adaptable. She generally works five days per week and makes her own schedule. She bas to travel out of the area ()He time each ~~. Liia noted that she had the same job when she cared for Gretchen in the past. Lisa is single and lives in her own home in Lewisbeny. She lives on a fann and raises horses. The home is well maintailWd ~ ~~te for chi~ the ages of Jean and Gretchen. The children were observed in 1his setting and clearly enjoy it. The children are allowed to ride the horses and they are carefully supervised by their aunt. Both children refer to Lisa as Aunt Lisa and they easily display affection wilh her. In their interviews, Jean and Gretchen spoke of Usa in affecrioaate ~erms ~ &bowed a distinct preference to her home and environment over 1hat oflheir father's. Lisa reported lhat she is a very organized person. Her home and her style reinforced that fact. Lisa referred to ber appointment book ~sis1ently whea asked questions about what she did with lhe children, or what appoinunents she had. She also puts an emphasis on routine and struc1ure when she is with the children. However, she demonstrated a good understanding of both ofthcir needs, exceptional patience with Gretchen and knowledge that Jeannie is in need of atten1ion in this siluation. Lisa's primary weakness when it comes to her parenting is some denial about the extent to whieh Gretchen's cognitive problems aITect her ability to learn and perfonn tasks. Where Mike demonstrates too willing an alii tude to use medications as a means of "controlling" Gretchen and too little expectation for her behavior, Lisa errs in the opposite direction. However, it is believed that Lisa is willing to put in the extra work and effort necessary to help Gretchen obtain higher goals. Pam Devine wants her sister to gain custody of both of her children. She does not trust Mike and believes that the girls have de1eriorated under his care. She fears his abusive nature and believes that he is using alcohol and drugs. Pam realizes that due to her on-going mental health problems that she is unable to be the primary care provider for the children. She is content to have access to them on a regular schedule. Pam is currently in a relationship with lona Bryant. lona also has a significant psychiatric history. She is on disability for her mental and physical reasons. Long v. Devine Page 7 It should be noted that Lisa's MMPI-2 profile is totally within the nonnal range. She has taken a somewhat defensive approach to answering questions. This is not uncommon in this type of evaluation. However, these individuals generally show good coping mechanisms and are effective in their day-to-day responsibilities. While it is fairly obvious that Gretchen can benefit from the more stable, structured environment offered at her aunt's home, it is importallt that Jeannie not be overlooked in this process. While there is little evidence that Mike is physically abusing Jeannie (on the other hand, there is evidence that Mike has used corporal punishment with Gretchen to the extent ofleaving bruises on her), it is clear from this evaluation that Mike is not demonstrating the ability to parent either of these children. The factors that have already been mentioned would preclude him from having the primary responsibility in the care of any child. It should be noted that Mike has had difficulty getting the children to school on time, dressing them appropriately for the conditions, and picking them up from school. He has also left the children in the care of others for eldended periods of time, with his whereabouts being unknown. Jeannie is in need of as much adult care and supervision as any other child her age. She does not have the special needs of Gretchen, but she has had to be placed in learning support because she is already lagging behind her classmates. Furthennore, Mike has tended to place considerable amounts of responsibility on Jeannie for helping with Gretchen. This may be contributing to some of the sibling problems that they have been having this year. In general, these two sisters are strongly attached and shoukl not, again, be separated from one another, Jeannie is a cute, resourceful and verbal young girl who also needs the stability of her aunt's home. Given these factors, it is recommended that Mike visit with his children the first Saturday and third Sunday of every month from 12:00 P.M. to 6:00 P.M. He should be reminded that he is not to use drugs or alcohol at all on the mornings prior to getting the children, or while he has them in his custody. Mike should also be allowed time with the . Long v, Devine Page 8 children at major holidays, The children should be allowed to visit with Pam on the rust Sunday of the month from 12:00 P.M, unti16:00 P.M. and on the third Saturday of the month from 6:00 P.M. until Sunday at 12:00 P.M. Pam should also be al10wed to spend time with the children on each major holiday. It is recognized that recommending sole legal custody is highly unusual. However, this is a highly unusual case. Gretchen is in need of many educational and medical interventions. There needs to be stability, consistency and planning involved in her care, It is not believed that Mike, or Pam can provide that type of consistency. Furthennore, neither can be relied upon to deal with decision making in a collaborative, mature, mtional or timely manner. In fact, Mike has noted that he does not want to have to make decisions with Lisa. He wanted sole legal custody, or shared legal with Pam, who he thought he could control and intimidate. Pam and Mike should be kept infonned of all decisions that are made regarding their daughters. Pam and Mike Devine both appear to love their children. However, neither of them is capable of consistently providing for their best interests. Usa Long has shown the desire and ability to provide for her nieces' best interests. She should be awarded custody of both of them. I~Nloo Dated t21lJ ;: Arnold T. Shienvold, Ph.D. WI aforementioned children, filed a custody complaint regarding both children against their father, Michael J. Devine. 5. Action No. 98-5791 was initiated when Lisa M. Long (the children's maternal aunt) filed a custody complaint against Mother and Father seeking custody of Gretchen Devine as a result oflhe fact that Gretchen had been living with Ms. Long since March of 1998. 6. The two aforementioned actions were consolidated on November 24, 1998, as per paragraph 8 of the Honorable Edgar B. Bayley's order of November 24, 1998, which states, "The Custody Complaint filed in this matter under Docket No. 98-5971 is hereby consolidated into the related custody matter previously filed at Docket No. 95- 4413." (A true and correct copy of the November 24, 1998, order is attached hereto and marked as Exhibit A.) 7. On April 25, 2000, this Court entered an order, which: (a) stated that the prior order of this Court dated January 31, 1999,1 shall continue in effect as modified by the April 25, 2000, order; and (b) directed the parties to obtain a comprehensive mental health evaluation for Gretchen in conjunction with a custody evaluation to 1 Although this Court's order of April 25, 2000, references an order of January 31, 1999, the actual date of the order is February 3,1999. The confusion was caused by the fact that the parties' agreement, which was incorporated into the order, was dated January 31,1999. 2 be performed by Dr. Shienvold. The stated purpose of this evaluation was to obtain an independent professional recommendation regarding the child's psychological treatment as well as recommendations concerning custody arrangements which would best serve the interests of the child. (True and correct copies of this Court's orders of April 25, 2000, January 31, 1999, are attached hereto and marked as Exhibits Band C respectively.) COUNT ONE REOUEST FOR MODIFICATION OF THIS COURT'S APRIL 25. 2000. ORDER 8. The averments of paragraphs 1 through 7 are hereby incorporated as ifset forth in full. 9. The Court's order of April 25, 2000, deals only with Gretchen Devine and does not in any way address the best interests and welfare of Jean Devine. 10. Although the Petitioner, Lisa M. Long, initiated a custody complaint only as to Gretchen, given the fact that Action 98-5971 has been consolidated with Action 95- 4413, this Court has jurisdiction over both Gretchen Devine and Jean Devine. 11. Petitioner, Lisa M. Long, has had significant contact with both children, not just Gretchen and, in fact, since May 1999 has seen Jean virtually each and every time which she has seen Gretchen. 12. Petitioner, Lisa M. Long, believes and therefore avers that it is in the best 3 interests of the children and will promote judicial economy if this Honorable Court will amend its order of April 25, 2000, to require the parties to submit not only Gretchen Devine, but also Jean Devine, to Dr. Shienvold for evaluation and to require the parties to obtain an evaluation which contains recommendations concerning custody arrangements which would best serve the interests of both Jean Devine and Gretchen Devine, rather than Gretchen Devine only as the order currently reads. 13. Dr. Shienvold's office has already had contact with Jean Devine and has indicated that it will not be necessary for them to put forth any significant extra effort in order to prepare a custody evaluation which includes recommendations regarding Jean Devine in addition to Gretchen Devine. COUNT TWO CONTEMPT 14. The averments of paragraphs 1 through 13 are hereby incorporated as ifset forth in full. 15. As per this Court's order ofJanuary 31, 1999, the Petitioner, Lisa M. Long, is to have two weeks of uninterrupted summer vacation with Gretchen Devine. Petitioner is to provide notice to Father by May lit of the year in which she desires to exercise her vacation. 16. Via correspondence dated April 27, 2000 (attached hereto as Exhibit D), 4 counsel for the Respondent, Michael Devine, was notified of Ms. Long's intention to exercise her two-week partial custody from June 23rd through July 7111. 17. The Respondent raised no objection to these dates. 18. When the Petitioner arrived at Respondent's residence at 5:00 p.m. on June 23rd to commence her two-week visitation with Gretchen, the Respondent thrust an illegible piece of paper at her and stated that unless she signed the document she could not take Gretchen on vacation. Ms. Long refused to sign the document, which apparently had something to do with the administration of medication to Gretchen, and as a result, Respondent refused to allow Ms. Long to comrnence her vacation with Gretchen. 19. The Respondent refused to allow the Petitioner to have Gretchen until the next day at 1 :00 p.m. 20. At this time, the Respondent also advised the Petitioner that he had enrolled Gretchen in summer school which was to commence during the Petitioner's two-week vacation and that it was Petitioner's responsibility to ensure that Gretchen attended this summer school. 21. This Court's order of February 3,1999, specifieally states that: In order to maintain consistency in the child's educational progress, Father will enroll Gretchen M. Devine in either the Cumberland Valley School District or West Shore School District where she will remain enrolled until further order of this Court. 5 :~ 22. In direct violation of this order, the Respondent enrolled Gretchen in the Mechanicsburg School District at the commencement of the 1999-2000 school year. 23. Respondent did not discuss this decision with Petitioner prior to taking this action. 24. As a result of Respondent's contempt, Gretchen, who is a special education student, has been enrolled in three different school districts in the space of one year. 25. The Respondent has also engaged in a pattern of behavior designed to frustrate the Petitioner's custodial rights including, but not limited to, (a) denying the Petitioner visits on February 11111, February 18111, March 3rd and March 17111 of2000; and (b) threatening to relocate to other states on numerous occasions so that Mother and Petitioner would not have access to the children. 26. The Petitioner believes and therefore avers that these steps were taken by the Respondent for the sole purpose of harassing her and thwarting her efforts to exercise her periods of partial custody under the Court order, particularly given the fact that they had both been previously advised that the summer school schedule could be very flexible and could be scheduled at the convenience of the parties. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an order: (1) Requiring the parties to submit Jean Devine as well as Gretchen 6 Devine to Dr. Shienvold for the purpose of having Dr. Shienvold conduct a custody evaluation of Jean Devine and Gretchen Devine; and (2) Finding the Respondent in contempt ofthis Court's orders of January 31, 1999, and April 25, 2000, directing him to refrain from any further violations ofthis Court's orders and requiring him to pay the Petitioner's attorneys' fees in the amount ofS500 for the preparation and presentation of this petition. Respectfully submitted, J. aul elvy, Esquire \\ian & Gephart, LLP 18 Pine Street P. O. Box 886 Harrisburg, P A 171 08 (717) 232-1851 Attorney I. D. #53148 Dated: August 2, 2000 Attorneys for Lisa M. Long 7 EXHIBIT A LISA ~l. LONG, Plaintiff IN THE COURT OF COM!-lON PLEAS OF CUMBERLAND COUNTY, pE:r-.'NSYLVANIA vs. NO. 98-5971 CIVIL TERM . . PAMELA G. DEVINE and MICHAEL J. DEVINE, Defendant : CIVIL ACTION - LAW CUSTODY , . CRDER OF CXXlRl' AND 101, this ~'" day of ~ J~- upon consideration of the attached Custody Conciliation Report, ordered and directed as follows: , 1998, it is 1. The prior Order of this Court dated August 18, 1995 as it pertains to Gretchen Devine, born February 10, 1991, is vacated and replaced with this Order. 2. The Maternal Aunt, Lisa M. Long, the Mother, Pamela G. Devine, and the Father, Michael J. Devine, shall have shared legal custody of Gretchen Devine. The parties shall follow the reCOlllllElndations of the Child's physician with regard to administration of medication and changes in dosages to medication for the Child. All parties shall have full access to the Child's medical and school records, including the Child's Individual Education plan and process. The Maternal Aunt shall provide to the Father notice of any major school activities and events involving the Child, including school conferences. The Father and the Mother shall contact the Child's school directly to obtain information concerning ongoing activities involving the Child and a copy of the school calendar. 3, Lisa M. Long shall have primary physical custody of Gretchen Devine. 4. The Father shall have partial physical custody of Gretchen on alternating weekends fran Friday at 5:00 p,m. through sunday at 5:00 p.m. and the Mother shall have a supervised period of custody with the Child on the altenating sundays fran 9:00 a.m. until 5:00 p.m. or any portion of the time period during which the Mother can obtain supervision. The ~Iother's periods of custody with the child shall be supervised until such time as the parties agree that supervision is no longer necessary. 5. The parties shall have custody of Gretchen on holidays as follows: A. Thanksgiving 1998: In 199B, the Mother and the Father shall share having custody of Gretchen at the Paxton street Ministries in Harrisburg en Thanksgiving Day. B, Christmas 1998: OVer the Christmas holiday in 1998, the Father shall have custody of Gretchen from Christmas Eve at 5:00 p:m. through January 3, 1999 at 5:00 p,m. The Mother shall have a period of supervised custody ~ith the Child on Christmas Day from 10:00 a.m. until 5:00 p,m. and additional periods during the Child I s Christmas break from school as \ '..- . t., ,,~~"''' ~..,_._..~ _'""r'~" : IN THE OOURT OF (X)MMON PLEAS CUMBERLAND CCXlN'l'Y, PENNSYLVANIA vs. : NO. 98-5971 . . '. PAMELA G. DEVINE and MICHAEL J. DEVINE:, Defendants : CIVIL ACTION - LAW . . : CUSTODY PRIm JUDGE m RELATED CASE: Edgar B. Bayley i! :. ~1 CUS'lOOY CalCILIATIOO SlI1MI\RY REPCRr m Acxx::BDl\NCE WITB CtJolBERLAND cx:xmY RULE OI!' CIVIL PIl(1o "" lllRE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 'J ,: t 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: . . Olild's Name Date of Birth In Custody of Plaintiff Gretchen M. Devine February 10, 1991 ., . ::t "4 II , 2. A Conciliation Conference was held on November 12, 1998, with the following individuals in attendance: The Plaintiff, maternal aunt, Lisa M. Long, with her counsel, Emily L. Hoffman, Esquire, the Mother, Pamela G. Devine, with her counsel, Johnna J. Deily, Esquire, and the Father, Michael J. Devine, with his counsel, Nichole M. Walters, Legal Intern and Thomas M. Place, Esquire. 3. This case involves a maternal aunt seeking primary physical custody of one of the Defendants' two Children, Gretchen Devine, born February 10, 1991. It should be noted that a separate custody action was filed between the parents (Defendants in this case) in 1995, in which this Court entered a Temporary Order dated August 18, 1995 concerning custody of both Children of Pamela and Michael Devine, namely, Gretchen Devine, born February 10, 1991 and Jean Devine, born August 28, 1994. The Custody litigation between the parents is docketed as follows: pamela G. Devine, Plaintiff vs. Michael J. Devine, Defendant No. 95-4413. A Custody order in that case was recently entered by Judge Bayley on November 3, 1998 reflecting an agreement of the parties at a custody Conciliation Conference (on October 27, 1998) as to custody arrangements for Jean Devine only. Because both of these cases involve custody arrangements for Children of the same family and a CUstody Order ",as entered in the 1995 case involving Jean Devine who is 'also the subject of the 1998 CUstody petition, the Conciliator recorrrnends that these matters be consolidated under the 1995 caption. Counsel for both the Mother' and Father agree to the consolidation. However, it should be noted that Lisa Long, plaintiff in l~ .~ .. !'~ 1 , ". ....,..... :t. ~l!'''';:rr.:ft.~..'r ,........ ::j; "t ) , . ,./il'" and her counsel oppose the consolidation. 4. The parties agree to entry of an order in the form as attached, with the exception of the provision regarding consolidation which is the recommendation of the Concili~tor. "'1 " ;/.J-m~.-..bM I~, /((q F Da'te a,_ Ii &~/'j' Dawn S. sunday, E:squ re CUstody Conciliator .:1 ':: ~ 4 " ~. ~, " :1 ~ i i , EXHmIT B 7:'1 ~ LISA M. LONG, plaintiff/Respondent . . IN THE COURT OF CCil'L"lON PLEAS OF CUMBERLAND CClUNTY, PENNSYLVANIA . . : vs. . . NO. 98-5971 CIVIL TERM . . PAMEI.A G. DEVINE and, MICHAEL J. DEVINE, Defendant/petitioner CIVIL ACTION - LAW . . . . . . CUSTODY aIDER OF CXXlRT AND 101, this ~ consideration of the attached and directed as follows: day of ~ Custody Conciliation Report, , 2000, upon it is ordered 1. The prior Order of this Court dated January 31, 1999 shall continue in effect as modified by this Order. 2. The parties shall obtain a complete evaluation for the Child by Todd Barron, MD, pediatric neurologist at Hershey Medical Center. The parties shall cooperate in scheduling, and insuring that the Child attends, all appointments for the evaluation, 3. The parties shall obtain a comprehensive mental health evaluation for the Child, in conjunction with a custody evaluation, to be performed by Arnold Shienvold, PhD or his associate. The parties shall submit themselves, the Child and any other individuals deemed necessary by the evaluator for the custody evaluation. The purpose of the evaluation shall be to obtain independent professional recommendations concerning the Child's psychological treatment as well as reCOlllllElndations concerning custody arrangements which would best serve the interests of the Child. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional medical, psychological, school, or other additional information pertaining to the parties or the Child. The costs of the evaluation which are not covered by insurance shall be shared equally by the parties. 6. The Father shall contact Edgewater Children's. Services and request that services for the Child be resumed, The parties shall cooperate with any recommendations provided by Edgewater Children's Services. 7, pending further Order of Court or agreement of the parties, the Mother shall have partial physical custody of the Child on alternating weekends (to correspond to ~lother's time off work) from Friday at 3:00 p.m. or after school through Sunday at 7:00 p,m. The Mother shall also have custody every Thursday evening fran after school until 7:00 p.m" which may be extended to an overnight period as arranged by agreement of the parties. 8. The Maternal Aunt shall have partial custody of the Child on one weekend per month fran Friday at 5:00 p.m, through Sunday at 5:00 p.m. The ~""~'~t~)",'1~"';;",J1i!~'l~Wf';~..~.t' - " .'t. ... ""J ......___..~1..'",..~~ .--. ...,_ .',_~.~_ ,,,4.'''~- .. .' . ..... ,......." '.'>':~'" p . ,.._....~~~...,,.,'_.T~ .. "!' ".' ~ I ~.. ';-' pe~iods of weekend custody under this provision shall be scheduled to fall on one of the Fathe~'s alternating weekend periods of custody. The Maternal Aunt and the Father shall cooperate in scheduling the weekend periods of custody under this provision. 9. The parties agree that the Child shall remain enrolled in her current school district unless otherwise agreed by all parties. 10. Upon canpletion of the physical, mental health and custody evaluations and, if at that time the parties are not able to reach an agreement as to ongoing legal and physical custody arrangements, counsel for any party may contact the Conciliator to schedule an addit;onal custody Conciliation COnference within four months of the date of this Order. ll. This order is entered pursuant to an agreement of the parties at a custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control, BY THE COURT, J. cc: Emily L. Hoffman, Esquire - Counsel for Matern 1 Aimt . - \ Johnna Deily, Esquire - Counsel for Mother rC\:CL~ Andrew C. Sheely, Esquire - Counsel for Father Il_^ I'~ -1'1 .00 u>r Lj ~J-lP R~~ 11....."ro'T._....,.l(--:"f!1..~NWW .__...r- -...-- ---- ....~- IV -j--.....W,,. " ", ...~~.~t,l!.\~N'.l:'!~~r""'i"fjl'~.~'~~~"'"...,"""''!'.J( . . . , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND CCXJNTY, PENNSYLVANIA LISA M. LONG, plaintiff/Respondent : . . vs. . . NO. 98-5971 CIVIL TERM . . PAMELA G. DEVINE: and, MICHAEL J. DEVINE, Defendant/petitioner CIVIL ACTION - LAW . . . . . . CUSTODY PRIm JtJDGE: Edgar B. Bayley CUSTODY ~n.IAT1~ 5lH'IARY REPCRr IN ACXXEDANCE Wl'l'B cnmERLI\ND cx:umc RULE OF crvn. I'~ 1915.3-8, the undersigned custody Conciliator submits the following report: 1. 'l'I1e pertinent information concerning the Child who is the subject of this litigation is as follows: ~ Gretchen M. Devine DATE OF BIRTH CURRI!Nl'Ly IN COSTODY OF 2/10/91 Father 2. A conciliation Conference was held on April 12, 2000, with the following individuals in attendance: The Maternal Aunt/Plaintiff, Lisa M. Long, with her counsel, Emily L. Hoffman, Esquire, the Mother, Pamela G. Devine, with her counsel, JohMa J. Deily, Esquire, and the Father, Michael J. Devine, with his counsel, Andrew C. Sheely, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date /:Lr~ f 7 . d ODD J2.,,~~ Dawn S. sunday, Esqu1re CUstody conciliator EXHIBIT C ~-- .. ......'" ~. C3 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY USA M. LONG, Plaintiff PAMELA G. DEVINE and, MICHAEL J. DEVINE Defendant : NO. 98-5971 CIVIL TERM Order AND NOW, this {~\.. day of February, 1999, the foregoinygreement Is approved and entered as an Order of Court. . .<. ( J. / .,.. ~.. , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. p8-5971 CIVIL ACTION - LAW LISA M. LONG, Plaintiff PAMELA G. DEVINE and MICHAEL J. DEVINE Dcfcndant CUSTODY CUSTODY STIPlJLATION and ORDER AND NOW, this ~ day of January, 1999, the parties, after consulting with their respcctive counsel, have reached an agreement with regard to custody of Gretchen M. Devine. 1. Parties. The parties are Lisa M. Long, the maternal aunt ("Aunt") of Gretchen M. Devine, Pamela G. Devine ("Mother"), and Michael J. Devine ("Father"), the natural parents of Gretchen M. Devine. 2. Prior al!\'cements and orders. This agrcement is intended to superscdc all prior agreements and orders to the extent that they are inconsistent with this Agreement and Order. 3. Legal Custody. Mother, Father, and Aunt shall share legal custody of Gretchen. All of them shall have full access to Gretchen's medical and educational records. All of them shall cooperate in ensuring that Gretchen receives the proper dosage of medications which have becn prescribed by her physicians. 4. Physical Custody. Father shall havc primary physical custody of Gretchen. Mother shall have partial custody on alternating Sundays. Aunt shall have partial custody for a ".- minim~ .,,~ (6) _kon'" p" yw (Frid., ,,00 pm 10 S""d.y ~,oo pm) <nd will ..Ii~ Father 48 hours in advance of the weekend in which she chooses to exercise her visitation. Without prejudice to her requesting the Court to grant her primary physical custody of Gretchen at some time in the future, Aunt hereby withdraws her current rights to and claim for primary physical custody, as set out in the Order of November 24, 1998. If Mother chooses, Aunt may exercise Mother's partial custody rights in her stead. 5. Holidays. Pending further writtcn agreement, Mother and Father shall have custody, partial custody or visitation rights with Gretchen on holidays as they agree on from time to time. Aunt shall have two (2) weeks uninterrupted summer vacation with Gretchen. Aunt will provide notice to Father by May 1 of the year in which she desires to exercise her vacation with the child. 6. Tele.phone Contact. Mother, Father, and Aunt shall have the right to reasonable telephone contact with Gretchen while the child is in the custody ofthe other. 7. Emerl!encies. All parties shall promptly notify the other parties of any emergency involving the health, safety or welfare of the child. 8. 'fhe custody conciliation conference set for April 9, 1999, shall be canceled. 9. The parties intend to be legally bound by the terms of this agreement and desire that it be made an Order of the Court. The parties may modify the provisions of this Agreement by the agreement of all of the parties, but in the absence of such agreement, the terms of this Agreement and Order shall control. 10. To maintain con~istency in the child's educational progress, Father will enroll Gretchen M. Devine in either the Cumberland Valley School District or West Shore School District where she will remain enrolled until further Order of this Court. , .~' ,.. /1 '.\ J ,:,~'~ "" ~, . J. .. . "j , 11. To best manage Gretchen's special medical conditions (ADHD and Seizure disorder), Father will continue regular appointments with Dr. Brown, pediatric neurologist, and Dr. Jill Morrow, child developmental specialist. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first written above. ~ESS: ~.c,_~~~ - -\ ~y:o.+ i! (jL;r (---- " -If./).L 0 cI J ~ Pamela G. Devine ~rf!if/)A J~ Michae J. Devine , ". ., " ..;..-' ,,,. .' . _c-,-..' " t ",_'_ CERTIEICA TE OF SERVICE I do certify that I served a true and correct copy of the within Petition for Contempt and Modification of Prior Order of Court upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Andrew C. Sheely, Esquire 127 South Main Street P. O. Box 95 Mechanicsburg, P A 17055 Johnna J. Deily, Esquire Saldis Guido Shuff & Masland 26 W. High Street P. O. Box 560 Carlisle, PA 17013-0560 p~~~~;~~ Killlan & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 Dated: August 2, 2000 /1:.1 .' .. . '.-" IOIlN D. KlLUAN st-IIm U. OEl'lIART TIIOt-1AS W. SCOlT JANIi OOIl'EN I'ENNY lUIlf.Nn 1 M,c.oWAN FAIlLA I. M,DUUIOlT /.PAUL IIf.LVY MICIIAEL I. O'CONNOR IlEAmER to! FAUST nm t.^ W l'IIlM 01' KILLIAN & GF.I'IIART, LLI' 218 PINE SlllHET I'. o. IIOX 886 IIMtllSUUIW.I'HNNSYI.V^NI^ 17108.0886 TELlWIIONE (717) 232.18" I'^X NO. (717)238.0$92 www.kIlIlQI1~~I.hQn.culll Novcmbcr 3, 2000 Via FAX (717) 697-7065 Ilnd Regular Mall Andrcw C. Shecly, Esquirc 127 South Main Street P. O. Box 95 Mechanicsburg, l' A 17055 RE: Lisa M. LUlIg I', Mle/lllcl /JCI'/IIC (lilt! Pamela Deville Civil Action No, 98.S97111lnd 95.44131; In Custody (Cumberland Co,) Dcar Andrcw: Scveral issucs havc ariscn rcgardlng your clicnt, Michael Devine. The most important issues are as follows. Mr. Dcvine has thrcatcncd to kill Pam Dcvine, hcr roommate Iona, and Lisa Long. This death thrcat took plllcc last wcck during n convcrsntion Mr. Devine had with Iona whcrcin he Iirst threatcncd to shootlonn nnd thcn thrcatcncd to shoot Iona, Pam, and Lisa. Aftcr making this thrcat, hc confirmcd that he did indeed have a shotgun. Prior to initiating a protcctlon from nbusc IIction, I walllcd to give you an opportunity to provide mc with )'our clicnt's rcsponsc. Thc onl)' rcsponse which would keep us from seeking a PFA would includc stlltelllcnts to thc cffcct thnt thcse comments wcre made in jest, that in fnct hc has no intcntion oftnking IIny violcnt action against Pam, Iona and Lisa, and that hc guarantees tllUtno coml11cnts of this nlllurc will bc mude in the future. 11lc sccond issuc dculs with thc lilct thnt on October 6, 2000, Dr. Shienvold's office providcd notilicution to nil ofthc allornc)'s involved in this case that Michael Dcvine slill owcs S70S. It is now ulmost II month latcr, and your client has not paid this bill. I'lcasc bc ndviscd tllllt, unlcss this hill is puid within 14 days, a petition for contempt Andrew C. Sheely, Esquire November 3, 2000 Page 2 will be filed with the Court. Given the fact that your client has had notice, not only from Dr. Shienvold's office but via this correspondence, I will be seeking attorney's fees in addition to a contempt order. llook forward to your prompt response to the above. JPHlph aul Helvy V'. cc: Johnna J. Kopecky, Esq. (Via Fax) Lisa M. Long (Via Fax) U.CI:~ " ''''';} __ i.. D.}UtJ LAW OFFICES JAMES D. FLOWER JOHN E. SUKE ROBERT C, SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER.JR. CAROLJ. UNDSAY IOHNNA], KOPECKY KARL M. LEDEBOHM JOSEPH L. HITOiINCS THOMAS E. FLOWER SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WE5I' HIGH STREET CARUSLE. PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222. FACSIMILE: (717) 243-6486 EMAIL: attomeyOssn.law.com OF COUNSEL ALBERT H. MASLAND WE5I' SHORE OFFICE: 2109 MARI<Irr STREET CAMP HILL. PA 17011 TELEPHONE: (717)737.3405 FACSIMILE: (717)737.3407 REPLY TO CARUSLE December 11, 2000 Andy Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Re: Devine Dear Andy: As you are aware, your client withheld visitation from my client for the December 1, 2000 weekend. It appears that he was trying to do this so that he would ruin my client's holiday weekend with the girls for the weekend of December 22. So that everyone is clear on this month, although your client had visitation on the weekend of December 1, 2000, it was to be my client's. Lisa has her scheduled visitation for the weekend of December B, 2000. Your client has the weekend of December 15, 2000, and my client has the weekend of December 22, 2000. Pam plans to have her holiday celebration with the girls beginning with her regularly scheduled Thursday evening visit on December 21 and have the girls straight through her weekend and will return them to your client on Christmas Eve between 9:00 and 10:00 p.m. Then your client can enjoy the balance of the Christmas Eve and Christmas morning with the girls. He also will resume his regular weekend of visitation for the weekend of December 29. The Court Order, then, will adjust itself so that my client has the first and third weekends of the month, beginning with the first weekend in January on the 5th. Andy Sheely, Esquire December 11, 2000 Page Two Apparently, your client has pulled these tricks before to upset my client and ruin her holidays with the girls. Kindly advise Mr. Devine of the schedule for the remainder of the year so that there are not any additional problems, As always, I thank you for your cooperation in this matter. Very truly yours, :~E' & LINDSAY JJK:rlm ec: Pamela Devine J, Paul Helvy, Esquire l H LISA M. LONG, Plaintiff/Respondent ;,::' If IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . , . . vs. : NO. 98-5971 CIVIL TERM . . PAMELA G. DEVINE and, MICHAEL J. DEVINE, Defendant/Petitioner : CIVIL ACTION - LAW . . : CUSTODY CRDER OF CXXJR'l' AND 101, this ~ consideration of the attached and directed as follows: day of ~ Custody Conciliation Report, , 2000, upon it is ordered 1. The prior Order of this Court dated January 31, 1999 shall continue in effect as modified by this Order. 2. The parties shall obtain a complete evaluation for the Child by Todd Barron, Me, pediatric neurologist at Hershey Medical Center. The parties shall cooperate in scheduling, and insuring that the Child attends, all appointments for the evaluation. 3. The parties shall obtain a comprehensive mental health evaluation for the Child, in conjunction with a custody evaluation, to be performed by Arnold Shienvold, PhD or his associate, The parties shall submit themselves, the Child and any other individuals deemed necessary by the evaluator for the custody evaluation. The purpose of the evaluation shall be to obtain independent professional recommendations concerning the Child's psychological treatment as well as recommendations concerning custody arrangements which would best serve the interests of the Child. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional medical, psychological, school, or other additional information pertaining to the parties or the Child. The costs of the evaluation which are not covered by insurance shall be shared equally by the parties. 6. The Father shall contact Edgewater Children's, Services and request that services for the Child be resumed. The parties shall Coopel:'ate with any recommendations provided by Edgewater Children's Services. 7. Pending further Order of Court cr agreement of the parties, the Mother shall have partial physical custody of the Child on alternating weekends (to correspond to Mother's tirre off work) from Friday at 3:00 p.m. or after school through Sunday at 7:00 p.m, The Mother shall also have custody every Thursday evening from after school until 7:00 p.m" which may be extended to an overnight period as arranged by agreement of the parties. 8, The Maternal Aunt shall have partial custody of the Child on one weekend per month fran Friday at 5:00 p.m. throl:gh Sunday at 5:00 o.m. The ~':!:;;iEXHIBIT,; ~~~i'. i'C'\:;~~":i-" .:'''i,lh~~' .~1{f~~, ~ \:;:?~~i};.< .7.. .' "", ' . . " ~!N~"''''!'I''':: ..-_._"I_'''"~''''':~'' l~_ jF"q ............~.. ..,.,...~"",,,,,~'r""'. ,- ,~. ." '-'. .... .. .-,..........,'. periods of weekend custody under this provision shall be scheduled to fall on one of the Father's alternating weekend periods of custody, The Maternal Aunt and the Father shall cooperate in scheduling the weekend periods of custody under this provision. 9. 'ltle parties agree that the Child shall remain enrolled in her current school district unless otherwise agreed by all parties. 10. upon completion of the physical, mental health and custody evaluations and, if at that time the parties are not able to reach an agreement as to ongoing legal and physical custody arrangements, counsel for any party may contact the Conciliator to schedule an additional Custody Conciliation Conference within four months of the date of this Order. ll. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /" ~ cc: Emily L. Hoffman, Esquire - Counsol for Matern Johnna Deily, Esquire - counsel for Mother Andrew C, Sheely, Esquire - Counsel for Father J. Ailnt . ~ fp~ /);00 R~~ . .-....- .... ~".' '~,.-.:"" .r.'.r~J\~.taAt.w~~.V'v;tl!Il't'I"''''' "I"1II:~",,'1f-.;r"" "'..f1"~.I'V:-...~~..........:-ro""~.t:''"':''!'~ . , 1tOf"",r-1'!"l\':""1""' .0, .rr.......~r..f,Jll~_f"'.Q'~.....- ~'1no_~__~J"IIRI'r.I'~..'I."'---- -....a.s._I _ ~_IIIU1~~:..' LISA M. LONG, plaintiff/Respondent IN THE CXlURT OF CDMMON PLEAS OF : CUMBERLAND CCXJNTY, PENNSYLVANIA . . . . vs. : NO. 98-5971 CIVIL TERM . . PAMELA G. DEVINE and, MICHAEL J. DEVINE, Defendant/petitioner : CIVIL ACTION - LAW : : CUSTODY PRIOO JUDGE: Edgar B. Bayley ClJ5T(lDY CXH:ILIATICH stJ!MARY REPOOT IN AClXlUll\NCE WI'l'H cnmERLAND anmt' RIlLE OF CIVlL PROo..ntRB 1915.3-8, the undersigned custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this l;tigation is as follows: ~ DATE OF BIRTH CllRRfNl'LY IN ClJ5T(lDY OF Gretchen M. Devine 2/10/91 Father 2. A conciliation Conference was held on April 12, 2000, with the following individuals in attendance: The Maternal Aunt/Plaintiff, Lisa M. Long, with her counsel, Emily L. Hoffman, Esquire, the Mother, Pamela G. Devine, with her counsel, Johnna J. Deily, Esquire, and the Father, Michael J. Devine, with his counsel, Andrew C. Sheely, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date /J }O)vJ I 7 , , . IO;,,/J.bk--o~ Dawn S. sunday, Esquire CUstody COnciliator r) Of) 0 . . .. ~ERTIFJCATE OF SERVICE I do certify that I served a true and correct copy of the within Petition for Modification and Contempt upon the following by depositing a copy of sam" in the United States mail, postage prepaid, addressed as follows: Andrew C. Sheely, Esquire 127 South Main Street P. O. Box 95 Mechanicsburg, P A 17055 Johnna J. Deily, Esquire SaId Is ShutT & Masland 26 W. High Street Carlisle, P A 17013 ~"L ~ b Peggy Hile,_ KillIan & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-185 I Dated: January 23, 2001 - U) ~~ ~ II: 1- .. lUQ - ;~~ ;,'~; :1:: - ~ o<J; ;;;;; ():,: q~ (~~~ ' ..,. ;-f~ . C'J .IZ .-Z " '. ~. ;nUl ..,; ffiu.. ....) ~ I.. d '_.J l:l .. .. . " , . '" . . , ""w' 'JAN2920'; , . CER.TIFIED COPY' :,. cJ '',-,. ----_..~ .\ '. PAMELA G. DEVINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J. DEVINE, Defendant : No. 98-5971 Civil Term- : [consolidated wI No. 95-4413 Civil Term] LISA M. LONG, Plaintiff v. MICHAEL DEVINE and PAMELA DEVINE, Defendants : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this day of , 200 I, upon consideration of the attached AMENDED CUSTODY COMPLAINT, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2001, at _.M., for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ofa temporary or permanent order. , AMERICANS WITH DISABILITIES ACT OF I~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 BY THE COURT: Date: J. . PAMELA G. DEVINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL J. DEVINE, Defendant No. 98-5971 Civil Term [consolidated wI No. 95-4413 Civil Tern.] LISA M. LONG, Plaintiff v. MICHAEL DEVINE and PAMELA DEVINE, Defendants CIVIL ACTION - LAW IN CUSTODY AMENDED CUSTODY COMPLAINT 1. The plaintiff is Lisa M. Long (hereinafter Maternal Aunt), residing at 761 Old Quaker Road, Lewisberry, York County, Pennsylvania, 17339. 2. The first defendant is Michael J. Devine (hereinafter "Father") residing at 308 Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The second defendant is Pamela G. Devine (hereinafter "Mother") residing at 801-A West Valley Street, Mechanicsburg, Cumberland County, Pennsylvania 17013. 4. Plaintiff seeks custody ofthe following children: ~ Present Address Date of Bird] Jean Nichole Devine 308 Market Street, Mechanicsburg, P A 17055 February 10, 1991 Gretchen Marie Devine 761 Old Quaker Road, Lewisberry, PA 17339 S. Action No. 95-4413 was initiated when Mother filed a custody complaint regarding both children against Father. 6. Action No. 98-5791 was initiated when the Maternal Aunt filed a custody complaint against Mother and Father seeking custody of Gretchen Devine as a result of the fact that Gretchen had been living with Ms. Long since March of 1998. 7. The two aforementioned actions were consolidated on November 24, 1998, as per paragraph 8 ofthe Honorable Edgar B. Bayley's order of November 24, 1998, which states that, "[t]he Custody Complaint filed in this matter under Docket No. 98-5971 is hereby consolidated into the related custody matter previously filed at Docket No. 95- 4413." (A true and correct copy of the November 24, 1998. order is attached hereto and marked as Exhibit A) 8. This Amended Custody Complaint is being filed to include a request for a custody order for Jean Devine as well as Gretchen Devine. Concurrent with the filing of this Amended Custody Complaint, the Plaintiff is filing a Petition for Modification and Contempt, all of which is attached hereto and incorporated herein. 9. The children were not born out of wedlock. 10. The children are currently in the custody of Fathel', who resides at 308 Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 17055. -2- 14. The father of the children is Michael J. Devine. He is divorced. IS. The relationship of plaintiff to the children is that ofmatcrnal aunt. The plaintiff currently lives by herself. 16. The relationship of the first defendant to the children is that of father. Father currently resides with the following persons: Name Relationsb.lp Jean Nichole Devine Daughter Gretchen Marie Devine Daughter 17. The relationship of the second defendant to the children is that of Mother. Mother currently resides with the following persons: Name Relationship Iona Bryant Paramour 18. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. Plainti ff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 20. For the reasons set forth in the Petition for Modification and Contempt (a copy of which is attached hereto), the best interest and permanent welfare of the children will be served by granting the relief requested. -4- 21. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiffrespectfully requests the Court to gmnt her primary physical and sole legal custody of Jean Nichole Devine and Gretchen Marie Devine. Respectfully submitted, J. R ul Helvy omey ID #5314 man & Gepha . 218 Pine Street P.O. Box 886 Harrisburg, P A 17108 (717) 232-185 I Dated: January ~, 200 I Attorneys for Plaintiff -5- VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. 54904, relating to unsworn falsification to authorities. Dated: 01 /os /0 I .... . I LISA ~I. LONG, Plaintiff . . IN THE COURT OF CO:-l."CN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 98-5971 CIVIL TERM PAMELA G. DEVINE and MICHAEL J. DEVINE, Defendant CIVIL ACTION - LAW : CUSTODY . . CRDER OF CXXlRT AND 101, this L.'" day of ~ ] ~)_ , 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 18, 1995 as it pertains to Gretchen Devine, born February 10, 1991, is vacated and replaced with this Order. 2. The Maternal Aunt, Lisa M. Long, the Mother, Pamela G. Devine, and the Father, Michael J, Devine, shall have shared legal custody of Gretchen Devine. The parties shall follow the recanmendations of the Child's physician with regard to administration of medication and changes in dosages to medication for the Child. All parties shall have full access to the Child's medical and school records, including the Child's Individual Education Plan and process. The Maternal Aunt shall. provide to the Father notice of any major school activities and events involving the Child, including school conferences. The Father and the Mother shall contact the Child's school directly to obtain information concerning cngoing activities involving the Child and a copy of the school calendar, 3, Lisa M. Long shall have primary physical custody of Gretchen Devine. 4. The Father shall have partial physical custody of Gretchen on alternating weekends fran Friday at 5:00 p.m. through Sunday at 5:00 p.m, and the Mother shall have a supervised period of custody with the Child on the altenating Sundays fran 9:00 a.m. until 5:00 p.m. or any portion of the time period during which the Mother can obtain supervision. The Mother's periods of custody with the Child shall be supervised until such time as the parties agree that supervision is no longer necessary. 5. The parties shall have custody of Gretchen on holidays as follows: A. Thanksgivinq 1998: In 199B, the Mother and the Father shall share having custody of Gretchen at the Paxton Street Ministries in HarriSburg on ThanY~giving Day. B. Christmas 1998: OVer the Christmas holiday in 1998, the Father shall have custody of Gretchen from Christmas Eve at 5:00 p,m, through January 3, 1999 at 5:00 p.m, The Moth~r shall have a period of supervised custody with the Child on Christmas Day from ).0:00 a.m, until 5:00 p.m. and additional periods during the Child I s Christmas break from school as '. arranged by agreement between the Mother and the Father to coordinate with the Mother's work schedule and the availability of a supervisor. C. Easter 1999: Lisa M. Long shall have custody of Gretchen over the Easter holiday and spring brea.1t in 1999. In the event Lisa M. Long is working over a period of the Easter/spring break holiday, the Father shall be given the first opportunity to provide care for the Child before third party caregivers are contacted. D. Other School Holidays/In-service Days: Lisa M, Long shall have custody of Gretchen during other miscellaneous school holidays and in-service days. In the event the Maternal Aunt is unavailable to provide care for Gretchen during the school holidays/in-service days, the Father shall be given the first opportunity to provide care for the Child before third party caregivers are contacted. 6. The parties and their counsel shall attend a second Custody conciliation Conference on April 9, 1999, at 12:00 noon in the office of the Conciliator, Dawn S. Sunday, Esquire to review the temporary arrangements established in this order by agreement of the parties, 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by agreement of all parties. In the absence of agreement among all parties, the terms of this"Order shall control. e. The CUstody complaint filed in this matter under Docket No, 98-5971 is hereby consolidated into the related custody matter previously filed at Docket No. 95-4413. BY THE COURT, I :1 t" . ~-J '\.,1. 4 \. A lIV.' Edgar B. aayleYi J. cc: Emily L. Hoffman, Esquire - Counsel for Plaintiff, Maternal Aunt Johnna J. Deily, Esquire - counsel for Mother Thomas M, Place, Esquire and Nichole M. Walters, Legal Intern - counsel for Father Q.\''f''~ ~,,-t-....(..t, ,da'tl ;~~1) .' .~"......"',,,, ....'#."...."'.. ,- ,.to" ~..- , . '"l':''~''T''~~~-1V'"''' . e. , '.. ....~,,' rl~f' ., f'" " ...-,'''. .. .: ,*' r,. ~ .:'t ;"1; ". 'h";"-,, .'J,~"+' .~.~..!,~f...l"'il""'"ot;'''f''' ",:"". . ',',. ..,.... ;.",,\lin<I..I,.! r.. A" ".1- ;t1' .. .' .. ! ,,' ,j,.-t., ii.!. "It_", ',.,' T. ... '''.I!''''- . . : ',.... LISA M. LONG, , Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 98-5971 PAMELA G. DEVINE and MICHAEL J. DEVINE, Defendants CIVIL ACTION - LAW : CUSTODY PIUOO JUDGE IN RELATED CASE: Edgar B. Bayley CllSTODY cnlCILIATICN &HIARY REPCRl' IN ACXDUlANCE W1TII ClImE:RLAND cx:IlN'n RIlLE OF CIVIL pR(}o.." .:IRE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: OUld's Name Date of Birth In Custody of Plaintiff Gretchen M. Devine February 10, 1991 2. A Conciliation Conference was held on November 12, 1998, with the following individuals in attendance: The Plaintiff, maternal aunt, Lisa M. ,Long, with her counsel, Emily L. Hoffman, Esquire, the Mother, Pamela G. Devine, with her counsel, Johnna J. Deily, Esquire, and the Father, Michael J. Devine, with his counsel, Nichole M. Walters, Legal Intern and Thanas M, Place, Esquire. 3. This case involves a maternal aunt seeking primary physical custody of one of the Defendants' two Children, Gretchen Devine, born February 10, 1991. It should be noted that a separate custody action was filed between the parents (Defendants in this case) in 1995, in which this Court entered a Temporary Order dated August 18, 1995 concerning custody of both Children of Pamela and Michael Devine, namely, Gretchen Devine, born February 10, 1991 and Jean Devine, born August 28, 1994, The CUstody litigation between the parents is docketed as follows: Pamela G. Devine, plaintiff vs. Michael J. Devine, Defendant No. 95-4413, A CUstody order in that case was recently entered by Judge Bayley on November 3, 1998 reflecting an agreement of the parties at a CUstody Conciliation Conference (on October 27, 1998) as to custody arrangements for Jean Devine only, Be::ause both of these cases involve custody arrangements for Children of the same family and a custody Order was entered in the 1995 case involving Jean Devine who is 'also the subject of the 1998 CUstody Petition, the Conciliator recOllll1ends that these matters be consolidated under the 1995 caption. Counsel for both the Mother' and Father agree to the consolidation. However, it should be noted that Lisa Long, Plaintiff in -' l :. ~ cr" " ". ,Q..,.,.. '. ,....=71.. ~Jl. It-'lt:> '""1;",:"'~ p' ~. "C ~ ,..~. , " , ';"'-",~~'" .," ~. t.., the coneolidation, . ; \ <I. The parties agree to entry of an Order in the form as attached, with the exception of the provision regarding consolidation which is the recommendation of the conciliator. " /... J7nM.-...J..u I p', I crt; F oate a._ .d ~""i' Dawn s. sunday, Esqu re Custody Conciliator " .. .- ., j: 11 ,iJ . I :, " 'I ,,". ~~..._"" ~'~"""'-""""---"''''.'('''~,,,.,,.,"_' ,.,..,,%>,..,', " .,)...........-.....,-,.,""'.~~.~. ., .. I PAMELA G. DEVINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. MICHAEL J. DEVINE, Defendant : No. 98-5971 Civil Term : [consolidated wI No. 95-4413 Civil Term 1 LISA M. LONG, Plaintiff v. MICHAEL DEVINE and PAMELA DEVINE, Defendants : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION AND CONTEMPT I. PARTIES AND BACKGROUND FACTS I. The Petitioners are: A) Lisa M. Long (hereinafter Maternal Aunt), is an adult individual who currently \ resides at 761 Old Quaker Road, Lewisberry, York County, PA 17339, and B) Pamela Devine (hereinafter Mother), is an adult individual who currently resides at 801-A West Valley Street, Mechanicsburg, Cumberland County, Pennsylvania 17013. 2 The Respondent, Michael Devine (hereinafter Father), is an adult individual whose last known address is 608 Main Street, Mechanicsburg, Cumberland County, PA 17055. 3. The Pctitioner Lisa Long is the maternal aunt, the Pctitioner Pamela Devine is the mother, and the Respondent is thc father of the two children who are the subject of the above-captioncd actions. specifically, Gretchen Devine, born on February 10, 1991, and Jean Devine. born on August 24, 1994. 4. Action No. 95-4413 was initiated when Pamela Devine, mother of the aforementioned children, filed a custody complaint regarding both children against their father. Michael J. Devine. S. Action No. 98-5791 was initiated when Lisa M. Long, the children's maternal aunt, filed a custody complaint against Mother and Father seeking custody of Gretchen Devine as a result of the fact that Gretchen had been living with Ms. Long since March of 1998. 6. Concurrent with the filing of this petition, Lisa Long is filing an Amended Custody Complaint to include a request for a custody order regarding Jean Devine as well as Gretchen Devine. 7. The two aforementioned actions were consolidated on November 24, 1998, as per paragraph 8 of the Honorable Edgar B. Bayley's order of Novembcr 24, 1998, which states that, "[t]he Custody Complaint filed in this matter under Docket No. 98-5971 is hereby consolidated into the related custody matter previously filed at Docket No. 95- 4413." <A true and correct copy of the November 24, 1998, order is attached hereto and marked as Exhibit A.) -2- 8. The most recent custody order entered in action No. 98-5791 is this Court's Order of September 13,2000, which grants shared legal custody of Gretchen to Lisa Long, Pamela Devine and Michael Devine, and grants Michael Devine primary physical custody, and periods of partial custody to Lisa Long and Pamela Devine. (A true and correct copy of this order is attached hereto and marked as Exhibit B). 9. This Court's Order of September 13,2000, does not address custody of Jean Devine. The Petitioners believe and therefore aver that the only order that this Court has entered regarding Jean Devine was entered in action No. 95-4413 on November 3,1998, at which time this Court granted shared legal custody of Jean Devine to Pamela Devine and Michael Devine, granted Michael Devine primary physical custody, and granted Pamela Devine periods of partial custody. (A true and correct copy of this order is attached hereto and marked as Exhibit C). II. FACTS RELEVANT TO REQUEST FOR MODIFICATION 10. Consistent with this Court's Order of April 25. 2000, the parties herein obtained a comprehensive mental health evaluation performed by Arnold Shienvold, Ph.D. This evaluation has been completed and Dr. Shienvold issued a report dated December 14,2000. (A true and correct copy of which is attached hereto and marked as Exhibit D). II. Dr. Shienvold "strongly recommended that Lisa Long become the primary physical and sole legal custodian of Gretchen and Jean Devine. Lisa is the only one of -3- the adult care givers of these children to show a constant level of stability, responsibility and maturity in their life." (Exhibit D, page 7). III, FACTS RELEVANT TO REQUEST FOR CONTEMPT DETERMINATION 12. On August 3, 2000, Petitioner Lisa Long filed a Petition for Contempt and Modification of Prior Order of Court, a true and correct copy of which is attached hereto and marked as Exhibit E. 13. Although all parties involved attended a conciliation conference at which time the issues raised in the aforementioned Petition for Contempt were discussed, the Petitioners believe that Michael Devine has continued to engage in a pattern of behavior designed to frustrate not only Lisa Long's custodial rights, but also the custodial rights of Pamela Devine. 14. In late October, Mr. Devine threatened to shoot both Pamela Devine and Lisa Long. After making this threat, he confirmed that he did indeed have a shotgun. I S. This issue was reported to Mr. Devine's attorney via correspondence dated November 3,2000, a true and correct copy of which is attached hereto and marked as Exhibit F. 16. On November 17, 2000, Mr. Devine refused to allow Pamela Devine to exercise her period of partial custody, indicating that he would punish her for reporting his prior death threat. -4- 17. On Decembcr 1,2000, Mr. Devinc withheld visitation from Pamela Devine. A true and correct copy of correspondence from Attomcy Kopecky rcgarding this incident is attached hereto and marked as Exhibit G. 18. On or about January 3. 200 I, Pamela Dcvine and Lisa Long werc advised by the Mechanicsburg School District that Gretchen had a brokcn finger, which the Petitioners believe, and therefore aver, had been broken for several days. 19. The Petitioners believe that Mr. Devine was well aware of this but failed to report this condition to either Pamela Devine or Lisa Long or to provide adequate medical treatment for Gretchen's condition. 20. On April 25, 2000, this court entered an order which states in Paragraph 3 that: The parties shall obtain a comprehensive mental health evaluation for the Child, in conjunction with a custody evaluation, to be performed by Arnold Shienvold, Ph.D., or his associate. The parties shall submit themselves, the Child and any other individuals deemed necessary by the evaluator for the custody evaluation. The purpose of the evaluation shall be to obtain independent professional recommendations concerning the Child's psychological treatment as well as recommendations concerning custody arrangements which would best serve the interests of the Child. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional medical, psychological, school, or other additional information pertaining to the parties or the Child. The costs of the evaluation which are not covered by insurance shall be shared equally by the parties. A true and correct copy of said Order is attached hereto as Exhibit H. 21. Although Mr. Devine attended numerous sessions with Dr. Shienvold, he has to date refused to pay his portion of the bill which amounts to $705.00. -5- 22. Petitioner Lisa Long paid Mr. Devine's portion of the bill in order to obtain Dr. Shienvold's report. WHEREFORE, Petitioners respectfully request this Honorable Court to enter an order: I) Granting primary physical custody ofGrelchen and Jean Devine to Petitioner Lisa Long and amending the remainder of the custody order consistent with Dr. Shienvold's recommendations; 2) Finding Respondent Michael Devine to be in contempt of the prior court order and requiring Respondent to pay the Petitioners' attorney fees for the preparation and presentation of the contempt portion of this petition; and 3) Ordering Respondent Michael Devine to pay Petitioner Lisa Long $705.00 representing his portion of the cost of Dr. Shienvold's report. Respectfully submitted, Joh, '. Kope ky, AttQl'\1ey 10 <# Saldls, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 J. Pa Helvy A rneylO#S3148 man & Gephart, L 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-185 I Attorneys for Pamela Devine Dated: January~, 2001 Attorneys for Lisa Long -6- CERlU'JCA TE OF SERVICE I do certify that I served a true and correct copy of the within Amended Custody Complaint upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Andrew C. Sheely, Esquire 127 South Main Street P. O. Box 95 Mechanicsburg, PA 17055 Johnna J. Deily, Esquire Said Is Shuff & Masland 26 W. High Street Carlisle, PA 17013 peggyj~~ ~ Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: January 23,2001 >- ~ ~ \J': ,.- -,~ r' ,.- U.! ':~ '.7" ( --- - :.)~ !' -, ...:: rl~:1 (,)._-, '. - .'T i":') .... c'" .1 t~1 , . :;m :. . ..!:!!1.. ,. ~ I, .:J U "-:.:- l.J